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I 


ELECTION LAWS. 

» 





I 


/ 








































* 



















THE 


ELECTION LAWS 

OF THE 

STATE OF CALIFORNIA, 


BEING THE 


PROVISIONS OF THE CODES RELATIVE TO ELECTIONS, 


WITH INTRODUCTORY NOTES AND AN INDEX. 


By J. F. BOWMAN, 

// 

Attorney at Law. 


SAN FRANCISCO: 

SUMNER WHITNEY & CO. 


613 Clay Street. 

/ ?7-L 

p 








Entered according to the Act of Congress in the year 1872, by 
SUMNER WHITNEY & COMPANY, 

In the office of the Librarian of Congress at Washington, D. C. 


BACON & COMPANY, PRINTERS, 
536 Clay Street, S F. 



CONTENTS. 


PAGES. 

Introductory Notes. 7-16 

Provisions of the Political Code.. 17-53 

Provisions of the Penal Code. 54-61 

Act putting into effect Parts of Codes. 63-64 

Provisions of Code of Procedure. :... 65-69 

Index. 71-83 



































INTRODUCTORY NOTES. 


The following pages comprise all that portion of the recently 
adopted “ Political Code of the State of California ” relating to 
Elections; all those provisions of the Penal Code that have ref¬ 
erence to crimes against the elective franchise, together with 
the Act putting those portions of the Codes into effect; and also 
the provisions of the Code of Civil Procedure (not yet in 
force) regulating the proceedings in cases of Contested Elec¬ 
tions. The publication thus presents in the smallest possible 
compass and in the most convenient form, for the use of offi¬ 
cers of election and others, the complete election law of the 
State as it is now in force. The convenience of the pamphlet 
for ready reference is greatly enhanced by a full and carefully 
prepared Index. 

The new law is much less voluminous, and in many of its 
features more simple, than that which it supersedes. Whoever 
has had occasion to make a critical examination of the old law, 
complicated as it is by numerous amendments, will be fully 
sensible of the value of this portion of the labors of the Com¬ 
missioners, and of the great comfort and advantage of having 
the entire body of general laws relative to elections thus re¬ 
arranged, digested, and condensed, so that the whole may be 
taken in at one comprehensive view, without the necessity of 
reference to a perplexing multiplicity of amendatory acts. The 
law now in force, though carefully drawn, and expressed with 
much clearness and perspicuity, contains numerous provisions 
which are novel, and it is believed altogether without prece¬ 
dent. Hence it has been thought that its publication in the 
present form would be rendered the more acceptable and use¬ 
ful by a few prefatory notes and references, including the sub¬ 
stance of those appended by the Commissioners to certain sec¬ 
tions in their report. 

The election in this State, in November next, for Presiden- 



8 


INTRODUCTORY NOTES. 


tial electors, will be held under the provisions of the new law. 
By the first Section of the Act of the Legislature, approved 
March 12, 1872, “ to put into effect certain parts of the Code 
and provide for their publication,” the whole of Title 11, Part 
III, of the political code (being the Title treating “ of Elec¬ 
tions,”) was declared to be “ in force and effect from and after 
twelve o’clock, noon, of the first day of May, 1872. By the 
second section of the same Act, Title IV of Part I, of the 
Penal Code (being the title treating of “ Crimes against the 
Elective Franchise,”) was also declared to be in force and ef¬ 
fect on the same day. By the third section of the Act, all 
the provisions of the Political Code and of the Penal Code 
which explain, define, construe, or give force and effect to 
the provisions of the Titles above referred to, are also declared 
to be in force and effect from and after twelve o’clock, noon, 
of the 1st day of May, 1872, “ so far as may be required to 
carry into force and effect” the provisions of those Titles. Thus, 
whatever doubt may have existed as to the construction of the 
concluding clauses of Section 1041 is removed by the Act just 
cited. 

Title IV, Part 1 of the Penal Code (see p. 55 of this pamph¬ 
let) prescribes the punishment for violations of the election law 
by the officers of election, for buying or selling votes, for 
betting on elections, and for other crimes against the elective 
franchise. But the Revision Commissioners wisely considered 
that the mere fact of the existence of a statute making these 
offenses misdemeanors, is not sufficient of itself to put a stop to 
them. They believed that by giving every policeman, officer, 
or other person, a direct pecuniary interest in the enforcement 
of the law, much might be done toward checking these evils. 
From this conviction originated the provision of Subdivision 2 
of Sec. 1054, relative to the offer of rewards in the Governor’s 
election proclamation, and also the provision of Section 1055, 
requiring the penal laws applicable to offenses against the fran¬ 
chise to be published in some newspaper printed in the county, 
and posted with the proclamation at each place of election. 

Among the more noteworthy features of the law of elections 
now in force, as set forth in Title II of Part III of the Politi¬ 
cal Code, are the following: 

In Section 1083, on the “qualifications of a voter,” the 


INTRODUCTORY NOTES. 


0 

word “ white,” which in the original section preceded the 
w r ords “ male citizen,” has been stricken out. This was done 
in order to meet the requirements of the fifteenth amendment 
to the Constitution of the United States. 

The poll-list has been abolished, except as provided in Sec¬ 
tion 1174; and the various provisions contained in Chapter 
III, (Sections 1094 to 1117) are designed to make the Great 
Register accomplish all the ends intended to be attained by 
the poll-lists. The reasons assigned for this change, and which 
seem to have been deemed satisfactory by the Legislature, are, 
that the poll-lists have been shown by experience to be prolific 
sources of fraud; that they are a burden upon the voter, de¬ 
priving him of his time ; and that they entail great and un¬ 
necessary public expense. 

Section 1097 prescribes the mode in which persons whose 
names are not on the Great Register may procure registration. 
Its object is to prevent any person from being registered who 
is not at the time actually entitled to vote at some precinct in 
the county. It will be seen, by examining the seven subdivis¬ 
ions of this section, that in all cases the party obtaining regis¬ 
tration must make and file an affidavit showing the facts upon 
which his claim rests. “ This affidavit,” say the Commission¬ 
ers in their Report, “ remains a record in the Clerk’s office, 
upon which perjury may be assigned should it be discovered 
that the affidavit was false in any particular; it is a lasting 
and satisfactory record of the proof upon which the registra¬ 
tion was made.” Sections 1098, 1099, 1100 and 1101 pre¬ 
scribe the mode of enrollment by the Assessor, and the return 
to be made by that officer to the County Clerk. Subdivision 
5, of Section 1097, requiring the entry upon the Great Regis¬ 
ter to be made upon a judgment of a District Court, directing 
it to be so made, will be explained by a reference to Section 
1108, which provides a remedy for the elector who is unjustly 
refused registration. 

Section 1104 is designed to prevent frauds against the fran¬ 
chise by the use of the uncanceled registration in one county, 
of voters who have removed into another, and there procured 
registration. It is enforced by Section 42 of the Penal Code, 
(see page 56 of this pamphlet,) which fixes the punish¬ 
ment for a violation of Section 1104 at a fine not exceeding 


10 


INTRODUCTORY NOTES. 


one thousand dollars, or imprisonment in the County Jail or 
State Prison not exceeding one year, or by both such line and 
imprisonment. The large latitude thus given to the Court in 
meting out the punishment of the offense, affords an opportu¬ 
nity for just discrimination between violations of the law com¬ 
mitted through ignorance or inadvertence, and those perpe¬ 
trated with fraudulent intent. In addition to this penal sanc¬ 
tion, Section 1104 seems to be practically guarded by the pro¬ 
visions of Subdivision 1, of Section 1097, and those of Section 
1107. If a person desires to register in one county on the 
strength of a certificate of registration from another, the cer¬ 
tificate must show that the original registration has been can¬ 
celed. If the word “ canceled” does not appear upon it as a 
part of the entry in the Great Register, that fact is prima facie 
evidence that the party is entitled to vote at some place in the 
county. See Section 1117. 

Section 1108 furnishes the elector a remedy in case the clerk 
unjustly refuses to enter his name upon the Great Register. 
This is an improvement upon the old law, which provided that 
the elector might proceed by mandamus. In this action, in 
the District Court, the applicant may try the whole matter, 
subject to the same rules that govern other actions, and may 
review the decision of the clerk upon the weight of the evi¬ 
dence, which it is doubtful if lie could do in proceeding by 
mandamus. The old remedy, however, is not taken away 
by the new, since the general laws vest in the Courts, the 
power to compel by mandamus a performance of any official 
duty of the clerk, in case of his refusal or neglect to act. 

Sections 1106, 1109, 1111, provide for the cancellation of 
any entry illegally made on the Great Register, or that ought 
to be canceled by reason of. facts occurring subsequent to the 
entry, and for proceedings to compel the clerk to cancel the 
same, should he refuse or neglect to do so in a proper case. 
These provisions are designed to enable any parties interested 
to purge the Great Register of names not legally entitled to a 
place there, and to test the legality of any entry upon it. Thev 
seem ample for the purpose aimed at, namely, to put it “ with¬ 
in the power of the citizens of the county to keep their Great 
Register what it is intended to be—a list of the voters of the 
county.” Section 1111, by authorizing the party instituting 


INTRODUCTORY NOTES. 


11 


proceedings, under Section 1109, to join all persons whose 
names it is sought to cancel in one proceeding, greatly simpli¬ 
fies the remedy. 

Section 1113 provides that “ before the fifth day of August, 
1873, and in every second year thereafter,” a copy of all un¬ 
canceled entries standing on the Great Register “ on the 
preceding first day of August” must be made out by each 
County Clerk. Sections 1114, 1115, 1116, 1149, and 1150 
are designed to carry out the plan of making the Great Regis 
ter take the place of the poll-lists, and perform their functions 
under the old law. In furtherance of this design, Sections 
1149 and 1150 furnish voters the means of informing them¬ 
selves readily who are on the Register. The provision requir¬ 
ing the Board of Election, before opening the polls, to post in 
“ some convenient place, easy of access,” not less than four 
copies of the Great Register of the county last printed, is 
designed to enable the voter to comply promptly and without 
inconvenience with the requirements of Section 1225, that 
when offering his ballot he must “ announce his name and the 
number affixed to it on the printed copy of the Register.” 
Hence the reasonable construction of the words, “ some con¬ 
venient place, easy of access,” is, of course, that it must be a 
place near the polls. The analogous provision of Sec. 1055, 
in regard to the posting of the Governor’s proclamation, offer¬ 
ing rewards for the arrest and conviction of persons violating 
the election laws, and of the provisions of the Penal Code 
applicable to such violations, requires the same to be posted 
“ at each place of election.” 

It will be observed that Section 1113, (and by consequence 
the other sections above cited, which are dependent upon it,) 
apply to no election earlier than that of September, 1873. 
But Sections 6 and 7 of “An Act to put into effect certain 
parts of the Codes and to provide for their publication,” ap¬ 
proved March 12, 1872 (see post, p. 63,) provide that copies 
of the Great Register must also be made out by each County 
Clerk before the fifth day of October, 1872, and that such 
copies “ must be published and distributed, as provided in 
Sections 1114, 1115, and 1116 of the Political Code.” Thus 
the provisions of Section 1113, and of the related sections, 
are made applicable to the next General Election in this State. 


12 


INTRODUCTORY NOTES. 


The case of persons who are registered subsequently to the 
making out of the copies of the Great Register, designed to 
take the place of the poll-lists under the old law, is met and 
provided for by Sections 1117 and 1227. If the name of the 
person offering to vote does not appear on the printed copy of 
the Great Register, the Inspector or Judge must nevertheless 
receive the vote upon the production of an “ uncanceled cer¬ 
tificate of registration,” unless such vote is rejected on chal¬ 
lenge for other cause. 

By Sections 1187 to 1199, inclusive, several new and 
valuable features are introduced into the election law, which 
furnish additional safeguards for the secresy of the ballot and 
the protection of voters from deception and from improper 
extraneous influences. These sections secure, as nearly as 
possible, perfect uniformity of external appearance in the 
ballots deposited. They also make it illegal to do either of 
these four things within one hundred feet of the polling place 
on the day of election : First , For any person except an 
Inspector, or a Judge acting as Inspector, to give or receive 
a ballot within that distance of the polls. Second , For any 
person to fold any ticket or unfold any ballot which he intends 
to use in voting within that distance. Third , For any person 
within that distance to exhibit to another, in any manner by 
which the contents thereof may become known, any ticket or 
ballot which he intends to use in voting. Fourth , For any 
person, within that distance from the polling place, to request 
another person to exhibit or disclose the contents of any 
ticket or ballot which such other person intends to use in 
voting. 

The words “ so as to make the ballot three-fourths of an 
inch in size,” in Section 1198, seem, when construed by them¬ 
selves, somewhat ambiguous. But the meaning undoubtedly 
is, “ so as to make the ballot three-quarters of an inch in 
width” as will become apparent on comparing Section 1198 
with the second subdivision of Section 1191, since a ticket 
“four inches in width and twelve inches in length” will, 
“ when folded crosswise four times from the centre,” and 
“ pressed fiat,” be three-quarters of an inch in width by four 
inches in length. 

Section 1203, providing that when “ a printed name, and a 


INTRODUCTORY NOTES. 


13 


name written with ink or with pencil,” appear upon a ballot 
found in any ballot-box, “ the printed name must be rejected 
and the written one counted,” affirms by enactment the 
principle of the common law rule relative to the construction 
of instruments drawn upon blank forms, according to which 
printed matter is rejected when it conflicts with written matter 
in the same instrument. 

Section 1204, providing that when upon a ballot found in 
any ballot-box a name has been erased and another substi¬ 
tuted, “ in any other manner than by the use of a lead pencil 
or common writing ink,” the substituted name must be re¬ 
jected, and the name erased counted, if it can be ascertained 
from inspection, is designed to prevent the use of “ invisible 
inks” compounded of nitrate of silver or other chemical sub¬ 
stances, which may be written over a name and remain indis¬ 
tinguishable for a time. It is also intended to prevent the use 
of “ pasters.” 

Sections 1206, 1207, and 1208 are designed to meet the 
case of any partially successful evasion of the provisions of Sec¬ 
tions 1196, 1197, 1198 and 1199, by requiring all ballots 
found in the ballot-box which are in any way marked, or which 
are folded in such a manner that they may be distinguished 
from other legal ballots, or which do not conform to the re¬ 
quirements of Section 1191, to be rejected. 

Sections 1209 and 1210 provide for the indorsement and 
preservation of ballots rejected, (after having been deposited) 
that they may be referred to as “documentary evidence” in 
case of a legal question being raised before the Courts as to 
the correctness of the action of the Election Board. Section 
1211 is intended to meet the case of ballots objected to, but 
decided to be legal by the Board, by preserving in a written 
form any fact that may be supposed to invalidate the ballot, 
but which the Courts, if called upon to decide the question, 
may hold not to invalidate it. 

Section 1212, providing that the Board must refuse to re¬ 
ceive or to allow to be deposited in the ballot-box any ballot 
offered, if it is apparent that it is not in compliance with the 
provisions of the law, or is folded in such a manner as to indi¬ 
cate its contents, or who cast it, is designed to afford the party 
offering it a fresh opportunity to vote a legal ballot. 


14 


INTRODUCTORY NOTES. 


Section 1229, requiring each clerk to keep a list of persons 
voting, and to number such persons in the order in which they 
vote, is designed to furnish record evidence of the kind con¬ 
templated by Section 1926 of the Code of Civil Procedure. 
That section makes an entry by an officer, or an entry made 
under the direction and in the presence of any Board, in the 
course of duty of such officer or Board, primary evidence of 
the facts stated therein. 

Sections 1239 and 1240 furnish the rules by which the 
Election Board must be governed in determining questions as 
to the legal residence or domicil of persons offering to vote. 
The question whether a voter is “ a resident” in the precinct, 
is a question of law dependent upon facts. A man may swear 
in perfect honesty and good faith that he is “ a resident” of a 
certain precinct, when, in contemplation of law, such is not 
the case. He who takes an oath in that form does not swear 
to a fact, but to a conclusion of law which he may erroneously 
believe to be warranted by the facts within his knowledge. 
The rules laid down in the nine subdivisions of Section 1239, 
if intelligently and strictly applied, will go far toward furnish¬ 
ing a sure check upon attempts at “ colonization.” It will be 
seen, by examining these rules, that the bare facts that a person 
has been in the State six months, and that he has been in a 
certain precinct thirty days, do not of themselves constitute 
him a resident in the legal sense. The question of residence 
does not depend exclusively upon outward acts, but upon act 
and intention. 

The list of persons challenged, with the grounds of the 
challenge, and the decision of the Board in each case, pro¬ 
vided for by Section 1243, is designed to furnish primary 
evidence which may be used in the examination or prosecution 
of a charge of perjury based upon false swearing, on the trial 
of challenges before the Board. 

Sections 1263 and 1264 embody an improvement upon the 
old law. One of the officers of election is required to take 
the returns and ballots before the Board adjourns, and deliver 
them to the County Clerk before the next succeeding Monday. 
Under this provision, in case the packages are lost, opened, or 
in any manner tampered with, there is no divided responsibil¬ 
ity in the matter. A single individual is directly accountable. 


INTRODUCTORY NOTES. 


15 


Sections 1265 and 1266 introduce another valuable im¬ 
provement upon the old law. Instead of a recount of the 
ballots by the Board of Supervisors in the event of a con¬ 
tested election, the recount and any further examination of 
the packages are to take place before the legal tribunal em¬ 
powered to try and decide contested election cases. The bal¬ 
lots having been in the first place counted in public by the 
Election Board, then “ inclosed, covered, and sealed up,” as 
prescribed in Section 1261, the packages remain undisturbed 
in the County Clerk’s office until destroyed under the provi¬ 
sion of Section 1265, or brought into a court before which a 
contest is pending in an election case. 

Though not yet tested by experience, most of the new fea¬ 
tures of the election law now in force seem to be marked 
improvements upon the old one, at least when regarded theo¬ 
retically. The substitution of the Register as a “ list of 
voters,” for the former system of “ poll lists,” supplies a pow¬ 
erful check upon “ repeating,” by the increased facility with 
which it can be detected. The provisions relating to the reg¬ 
istration of voters, (sections 1094 to 1117) to Boards of Elec¬ 
tions, (sections 1142 to 1150) to election tickets and ballots, 
and to the distribution of tickets near the polls, (sections 1185 
to 1212) to the manner of voting, (sections 1224 to 1243) 
and to canvassing and returning the vote, (sections 1252 to 
1268) cannot fail to have a strong tendency to remove many 
abuses and evils that have heretofore been common. Taken 
all together, and in connection with the stringent provisions 
of the Penal Code, (see pages 54-61) they seem to furnish 
as complete practicable safeguards for the secresy and purity 
of the ballot as can be devised by human ingenuity. 



PART III, TITLE II, 

OP THE 

POLITICAL CODE. 


Chapter I. 

II. 

III. 

IY. 

Y. 

YI. 

VII. 

VIII. 

IX. 

X. 

XI. 


XII. 

XIII. 

XIY. 


OF ELECTIONS. 

General Provisions relating to Elections . 

§§ 1041-1073. 

Qualifications and Disabilities of Electors. 

§§ 1083-1084. 

Registration of Electors. §§ 1094-1117. 
Election Precincts. §§ 1127-1132. 

Boards of Election. §§ 1142-1150. 

Opening and Closing the Polls. §§ 1160- 
1164. 

Poll Lists. §§ 1174-1175. 

Election Tickets and Ballots. §§ 1185-1212. 
Voting and Challenges. §§ 1224-1243. 
Canvassing and Returning the Vote. §§ 1252- 
1268. 

Canvass of Returns — Declaration of Result 
— Commissions and Certificates of Elec¬ 
tion. §§ 1278-1297. 

Elections for Electors of President and Vice- 
President. §§ 1307-1322. 

Elections for Members of Congress. §§ 1332— 
1333. 

Primary Elections. §§1357-1365. 
Provisions op Penal Code, pages -. 


2 




18 


POLITICAL CODE. 


General 
election, 
when to 
be held. 


Judicial 
election, 
when to 
be held. 


Special 
elections, 
when to 
be held. 


Election 
proclama¬ 
tions by the 
Governor. 


CHAPTER I. 

GENERAL PROVISIONS RELATING TO ELECTIONS. 

Article I. Time of Holding Elections. 

II. Election Proclamations. 

III. Miscellaneous Provisions. 


ARTICLE I. 

TIME OF HOLDING ELECTIONS. 

Section 1041. General election, when to be held. 

1042. Judicial election, when to be held. 

1043. Special elections, when to be held. 

Sec. 1041. There must be held throughout the State, 
on the first Wednesday in September, in the year eighteen 
hundred and seventy-three, and in every second year there¬ 
after, and also on the Tuesday next after the first Monday 
of November, in # each bissextile or leap year, an election to 
be known as the General Election. 

Sec. 1042. There must be held throughout the State, 
on the third Wednesday in October, in the year eighteen 
hundred and seventy-three, and in every second year there¬ 
after, an election to be known as the Judicial Election. 

Sec. 1043. Special elections are such as are held to 
supply vacancies in any office, and are held at such times as 
may be designated by the proper Board or offi'cer. 


ARTICLE II. 

ELECTION PROCLAMATIONS. 

Section 1053. Election proclamations by the Governor. 

1054. Governor’s proclamation, what to contain. 

1055. Supervisors must publish proclamation, etc. 

1056. Election proclamation by Supervisors. 

Sec. 1053. At least thirty days before each general or 
judicial election, and whenever he orders a special election, 
the Governor must iskue an election proclamation, under his 



, ELECTION PROCLAMATIONS. 


19 


hand and the great seal of the State, and transmit copies 
thereof to the Board of Supervisors of the counties in which 
such elections are to be held. 

Sec. 1054. Such proclamation must contain : 

1. A statement of the time of election, and of the offices 
to be filled: 

2. An offer of rewards in the following form : “ And I 

do hereby offer a reward of one hundred dollars for the 
arrest and conviction of any and every person violating any 
of the provisions of Title IV, Part I, of the Penal Code ; 
such rewards to be paid until the total amount hereafter ex¬ 
pended for the purpose reaches the sum of ten thousand 
dollars.” 

Sec. 1055. The Board of Supervisors, upon receipt of 
such proclamation, must cause a copy of the same, together 
with a copy of Title IV, Part I, of the Penal Code, to be 
published in some newspaper printed in the county, (if any) 
and to be posted at each place of election, at least ten days 
before the election. 

Sec. 1056. Whenever a special election is ordered by 
the Board of Supervisors, they must issue an election proc¬ 
lamation, containing the statement provided for in subdivision 
one of section one thousand and fifty-four, and must publish 
and post it in the same manner as proclamations issued by 
the Governor. 


ARTICLE III. 

MISCELLANEOUS PROVISIONS. 


Section 1066. Plurality to elect. 

1067. Proceedings on a tie vote other than for Governor or Lieuten¬ 

ant Governor. 

1068. Same, on tie vote for Governor or Lieutenant Governor. 

1069. Electors privileged from arrest, when. 

1070. Electors exempt from militia duty, when. 

1071. No fees for certificate of registration. 

1072. Compensation of officers of election. 

1073. Supervisors to have blanks prepared. 


Governor’s 
proclama¬ 
tion, what 
to contain. 


Same. 


Supervisors 
must 
publish 
proclama¬ 
tion, etc. 


Election 
proclama¬ 
tions by 
Supervisors 



20 


POLITICAL CODE. 


Plurality 
to elect. 


Proceed¬ 
ings on a 
tie vote 
other than 
for Gov¬ 
ernor or 
Lieutenant 
Governor. 


Same, on 
tie vote for 
Governor 
or 

Lieutenant 

Governor. 


Electors 
privileged 
from arrest, 
when. 


Electors 
exempt 
from 
militia 
duty, when. 


No fees for 
certificate 
of regis- ' 
tration. 


Compen¬ 
sation of 
officers of 
election. 


Supervisors 
to have 
blanks 
prepared. 


Sec. 1066. The person receiving at any election the 
highest number of votes for any office to be filled at such 
election is elected thereto. 

Sec. 1067. If at any election, except that for Governor 
or Lieutenant Governor, two or more persons receive an 
equal and the highest number of votes, there is no choice, 
and a special election to fill such office must be ordered by 
the proper Board or officer. 

Stats. 1850, p. 101. 

Sec. 1068. In case any two or more persons have an 
equal and highest number of votes for either Governor or 
Lieutenant Governor, the Legislature must, by joint vote of 
both Houses, choose one of the persons to fill such office. 

State Const., Secs. 4 and 16, Art. V. 

Sec. 1069. Electors are privileged from arrest, except 
for an indictable offense, during their attendance on the elec¬ 
tion, and in going to and returning from the same. 

Sec. 1070. No elector is obliged to perform militia duty 
on the day of election, except in time of war or public 
danger. 

Sec. 1071. No fees must be charged for registration or 
certificates thereof. 

Sec. 1072. The compensation of members of Boards of 
Election and Clerks must be fixed and audited by the Board 
of Supervisors and paid out of the County Treasury. 

Sec. 1073. The necessary printed blanks for poll lists, 
tally lists, lists of voters, oath, and returns, together with 
envelopes in which to inclose returns, must be furnished by 
the Board of Supervisors to the officers of each election 
precinct at the expense of the county. 

CHAPTER II. 

QUALIFICATIONS AND DISABILITIES OF ELECTORS. 

Section 1083. Qualifications of a voter. 

1084. Certain citizens not entitled to vote. 



QUALIFICATIONS AND DISABILITIES. 


21 


Sec. 1083. Every male citizen of the United States, 
who shall have been a resident of the State six months next 
preceding the election, and of the precinct in which he claims 
his vote thirty days, and whose name is enrolled on the Great 
Register of such county, is a qualified elector thereof. 

Sec. 1084. No idiot or insane person, or person con¬ 
victed of any infamous crime, is entitled to the privilege of 
an elector. 


CHAPTER III. 

REGISTRATION OF ELECTORS. 

Section 1094. Great Register to be kept. 

1095. Names of electors to be entered. 

1096. Substance of entry. 

1097. Rules governing entry. 

1098. Assessor’s roll of electors. 

1099. What enrollment must show. 

1100. Duty of Clerk or Assessor relative to certain proofs produced 

before him. 

1101. Assessor must make monthly returns of his enrollment. 

1102. Duty of Clerk upon receipt of the return. 

1103. Affidavits must be filed in Clerk’s office. 

1104. Persons not to be registered in different counties at the same 

time. 

1105. Cancellation of entry. 

1106. When entry may be canceled. 

1107. Clerk must give cei’tificate of registration. 

1108. Persons refused registration may proceed by action. 

1109. Any person may proceed by action to have registration can¬ 

celed. 

1110. Parties to such actions. 

1111. Same. , 

1112. Costs not to be recovered against the Clerk, except in certain 

cases. 

1113. Clerk to make copy of Great Register. 

1114. Names must be arranged alphabetically and numbered. 

1115. Great Register must be printed. 

1116. Printed copies, how distributed. 

1117. Copy of entry primary evidence that the party is an elector. 

Sec. 1094. There must be kept in the office of the 
County Clerk of each county a Great Register. 


Qualifi¬ 
cations of 
a voter. 


Certain 
citizens not 
entitled 
to vote. 


Great 
Register to 
be kept. 



22 


POLITICAL CODE. 


Names of 
electors to 
be entered. 


Substance 
of entry. 


Rules 

governing 

entry. 


Sec. 1095. In the Great Kegister the Clerk must, as 
hereinafter provided, enter the names of the qualified elec¬ 
tors of the county whose names are not already thereon. 

Sec. 1096. Such entry must show : 

1. The name, at length ; 

2. The age, omitting fractions of years ; 

3. The country of the nativity; 

4. The place of residence (giving the ward or precint) ; 

5. If naturalized, the time and place of naturalization; 
and, 

6. The date of the entry ; 

—Of each person. Each name must be numbered in the 
order of its entry. 

Sec. 1097. No person’s name must be entered by the 
Clerk, unless: 

1. Upon a certificate of registration in another county, 
showing that such registration has been canceled, and upon 
proof by the affidavit of the party that he is an elector of the 
county in which he seeks to be registered; 

2. Upon the return of the Assessor of the county; 

3. If a naturalized citizen, upon the production of his cer¬ 
tificate of naturalization, or upon his own affidavit of its loss, 
together with the affidavit of a registered citizen to the effect 
that the applicant has resided in the United States for five 
years and in this state for six months next preceding the time 
of application, and is reputed to be a citizen of the United 
States, and that deponent believes him to be, and proof by 
the affidavit of the party that he is an elector of the county; 

4. If born in a foreign country, hut by his affidavit he 
states he became a citizen of the United States by virtue of 
the naturalization of his father whilst he was residing in the 
United States, and under the age of twenty-one years, upon 
the production of a certified copy of his father’s certificate of 
naturalization, or upon such proof of residence and reputed 
citizenship as is required by the preceding subdivision, and 
upon proof by the affidavit of the party that he is an elector 
of the county; 


REGISTRATION OF ELECTORS. 


23 


5. Upon the production and filing of a certified copy of 
the judgment of a District Court directing such entry to be 
made; 

6. In other cases, upon the affidavit of the party that he is 
an elector of the county; 

T. In every case the affidavit of the party shows all the 
facts required to be stated in the entry on the register, ex¬ 
cept the date and number of the entry. 

Sec. 1098. The Assessor of each county must keep a 
roll of electors, on which, and upon like proof as is required 
for entry upon the Great Register, he must enroll the name 
of any elector of the county making application to him for 
that purpose. 

Sec. 1099. Such enrollments must show the same facts 
as are required to be shown by the entry upon the Great 
Register. 

Sec. 1100. The Clerk or Assessor must, upon every 
certificate of naturalization presented to him as evidence of 
citizenship, indorse and subscribe a statement of the time of 
presentation and of his action thereon. 

Sec. 1101. At the end of every month the Assessor 
must return to the County Clerk a certified copy of all 
entries made upon his roll of electors during such month, 
and all affidavits made for the purpose of procuring such en¬ 
rollment. 

Sec. 1102. Upon the receipt of such return, the Clerk 
must at once enter upon the Great Register the names con¬ 
tained and the statements made in such return. 

Sec. 1103. The Clerk must file and preserve all affida¬ 
vits returned to him by the Assessor, or used before him for 
the purpose of obtaining registration. 

Sec. 1104. No person must cause himself to be regis¬ 
tered or enrolled in one county when his registration in an¬ 
other remains uncanceled. 


Same. 


Assessor’s 
roll of 
electors. 


What 

enrollment 
m,ust show. 


Duty of 
Clerk or 
Assessor 
relative to 
certain 
proofs 
produced 
before him. 


Assessor 
must make 
monthly 
returns 
of his 
enrollment. 


Duty of 
Clerk upon 
receipt of 
the return. 


Affidavits 
must be 
filed in 
Clerk’s 
office. 

Persons 
not to be 
registered 
in different 
counties at 
the same 
time; 


24 


POLITICAL CODE. 


Cancella¬ 
tion of 
entry. 


When entry 
may be 
canceled. 


Clerk must 
give 

certificate 
of regis¬ 
tration. 


Persons 

refused 

registration 

may 

proceed by 
action. 


Any person 

may 

proceed 

by action 

to have 

registration 

canceled. 


Parties to 

such 

actions. 


Sec. 1105. There must be left opposite each name in 
the Great Register a blank for cancellation. Cancellation is 
made by writing in such blank the word “ Canceled,’’ and a 
statement of the reasons therefor. 

Sec. 1106. The Clerk must cancel the entry in the fol¬ 
lowing cases: 

1. At the request of the party registered ; 

2. When he knows of the death or of the removal of the 
person registered; 

3. When the insanity of the person registered is legally 
established; 

4. Upon the production of a certified copy of a judgment 
of felony in full force against the person registered ; 

5. Upon the production of a certified copy of a judgment, 
directing the cancellation to be made; 

6. Upon the certificate of the Board of Election of any 
precinct sent up with the election returns, stating the death 
or removal within their own knowledge of the person reg¬ 
istered. 

Sec. 1107. Upon the application of the party in person 
or in writing, the Clerk must give him or his agent a cer¬ 
tified copy of the entries upon the Great Register relating to 
such party. 

Sec. 1108. If the Clerk refuses to enter the name of 
any qualified elector of the county upon the Great Register, 
such elector may proceed by action in the District Court to 
compel such entry. 

Sec. 1109. Any person may proceed by action in the 
District Court to compel the Clerk to cancel any entry made 
on the Great Register illegally, or that ought to be canceled 
by reason of facts that have occurred subsequent to the time 
of such entry. 

Sec. 1110. In an action under authority of section one 
thousand one hundred and eight, as many persons may join 
as plaintiffs as have causes of action. 


REGISTRATION OF ELECTORS. 


25 


Sec. 1111. In an action under the authority of section 
one thousand one hundred and nine, the Clerk and as many 
persons as there are causes of action against, may be joined 
as defendants. 

Sec. 1112. Costs cannot be recovered against the Clerk 
in any action under the authority of this Chapter, unless it is 
alleged in the complaint and established on the trial that the 
Clerk knowingly and willfully violated a plain duty. 

Sec. 1113. Before the fifth day of August, in the year 
eighteen hundred and seventy-three, and in - every second 
year thereafter, each County Clerk must make out a copy of 
the uncanceled entries existing on the Great Register on the 
preceding first day of August. 

Sec. 1114. In such copy the names must be arranged 
alphabetically, according to surnames, and must be numbered 
consecutively from the first to the last name, inclusive. 

Sec. 1115. Within fifteen days after making such list, 
the Clerk must have printed a sufficient number of copies 
thereof to supply each election precinct in the county with 
not less than ten copies thereof, and fifty additional for every 
one thousand votes cast in the county at the next preceding 
general election. 

Sec. 1116. The Clerk must, as soon as such copies are 
printed: 

1. Post one copy in some public place in the Court House ; 

2. Deliver, upon demand, one copy to each county and 
township officer in the county ; 

3. Transmit, and cause to be delivered, not less than ten 
copies to each Election Board in the county ; 

4. Preserve five copies in his office for the inspection of 
the public ; 

5. Transmit to the State Library, and Mercantile Library 
of' San Francisco, one copy each ; 

6. Deliver one copy to each elector of the county applying 
therefor, until the remainder of the edition printed is ex¬ 
hausted. 


Same. 


Costs not 
to be 
recovered 
against the 
Clerk, 
except in 
certain 
cases. 


Clerk to 
make copy 
of Great 
Register 


Names 
must be 
arranged 
alphabeti¬ 
cally and 
numbered. 

Great 
Register 
must be 
printed. 


Printed 
copies, how 
distributed. 


26 


POLITICAL CODE. 


Copy of 

entry 

primary 

evidence 

that the 

party is an 

elector. 


Supervisors 
to establish 
election 
precincts. 


Boundaries 
must he 
defined. 


Board may 
alter, etc., 
precincts. 


Limitations 
on powers 
given 
herein. 


Board to 
designate 
place in 
precinct for 
holding 
election. 


Sec. 1117. A certified copy of an uncanceled entry 
upon the Great Register is primary evidence that the person 
named in the entry is an elector of the county. 


CHAPTER IY. 

ELECTION PRECINCTS. 

Section 1127. Supervisors to establish election precincts. 

1128. Boundaries must be defined. 

1129. Board may alter, etc., precincts. 

1130. Limitations on powers given herein. 

1131. Board to designate place in precinct for holding election. 

1132. Same. 

Sec. 1127. The Board of Supervisors of each county 
must establish a convenient number of election precincts 
therein. 

Sec. 1128. In the order establishing precincts, the 
boundaries thereof must be defined. 

Sec. 1129. The Board may from time to time change 
the boundaries of, create jiew, or consolidate established 
precincts. 

Sec. 1130. The following limitations are imposed upon 
the powers given the Supervisors in this Chapter: 

1. No precinct must be so established as to embrace more 
than one township, nor parts of two or more townships, nor 
in such manner that its exterior limits cross the exterior 
boundaries of any township, incorporated town, or city, or 
any ward, district, or other territorial subdivision for which 
local officers are to be elected, except a school or road 
district; 

2. No precinct must be established, nor must the bound¬ 
aries of one already established be altered, within thirty days 
next preceding a general or judicial election. 

Sec. 1131. The Board must, in its order appointing 
Boards of Election, designate the house or place within the 
precinct where the election must be held. 



BOARDS OF ELECTION. 


27 


Sec. 1132. If the Board fails to designate the house or 
place for holding the election, or if it cannot be held at the 
house or place designated, the Justices of the Peace residing 
therein must meet two days before the election, and by an 
order under their hand (copies of which they must at once 
post in three public places in the precinct) designate the 
house or place. 


CHAPTER Y. 

BOARDS OF ELECTION. 

Section 1142. Boards of Election, how appointed. 

1143. Judges not to be of same political party. 

1144. Same. 

1145. Organization of Boards, and general powers of Inspectors. 

1146. Judges and Clerks may administer oaths. 

1147. Clerks. 

1148. Board and Clerks to be sworn. 

1149. Board to post copies of Great Register. 

1150. Copies not to be torn nor defaced. 

Sec. 1142. When an election is ordered, the Board of 
Supervisors must appoint for each precinct, from the electors 
thereof, one Inspector and two Judges, who constitute a 
Board of Election for such precinct. 

Sec. 1143. The Judges appointed must not he members 
of the same political party. 

Sec. 1144. If the Board fails to appoint the Election 
Board, or the members appointed do not attend at eight 
o’clock A. M. on the morning of the election, the electors of 
the precinct present at that hour may appoint the Board, or 
supply the place of an absent member thereof. 

Sec, 1145. The Inspector is Chairman of the Election 
Board, and may: 

1. Administer all oaths required in the progress of an 
election; 

2. Appoint Judges and Clerks, if during the progress of 
the election any Judge or Clerk ceases to act. 


Same. 


Boards of 
Election, 
how 

appointed. 


Judges not 
to be of 
same 
political 
party. 

Same. 


Organi¬ 
zation of 
Boards and 
general 
powers of 
Inspectors. 



28 


POLITICAL CODE. 


Judges and 
Clerks may 
administer 
oaths. 


Clerks. 


Board and 
Clerks to 
he sworn. 


Board to 
post copies 
of Great 
Register. 


Copies not 
to be torn 
nor defaced. 


Time of 
opening 
and closing 
the polls. 


Recess. 


Ballot box 
to be 

exhibited. 


Sec. 1146. Any member of the Board, or either Clerk 
thereof, may administer and certify oaths required to be 
administered during the progress of an election. 

Sec. 1147. The Board of Election for each precinct 
must, before opening the polls, appoint two persons to act as 
Clerks of Election. 

Sec. 1148. Before opening the polls, each member of 
the Board, and each Clerk, must take and subscribe an oath 
to faithfully perform the duties imposed upon them by law. 
Any elector of the township may administer and certify such 
oath. 

Sec. 1149. Before opening the polls, the Board must 
post, in some convenient place easy of access, not less than 
four printed copies of the Great Register of the county, as 
last printed. 

Sec. 1150. The copies so posted must be maintained 
during the whole time of voting, and must not in any man¬ 
ner be torn or defaced. 


CHAPTER VI. 

OPENING AND CLOSING THE POLLS. 

Section 1160. Time of opening and closing the polls. 

1161. Recess. 

1162. Ballot box to be exhibited. 

1163. Proclamation at opening the polls. 

1164. Proclamation at closing the polls. 

Sec. 1160. The polls must be opened at eight o’clock on 
the morning of election, and except as provided in the next 
section, must be kept open until sunset. 

Sec. 1161. The Board may close the polls for one hour, 
at any time during the day, before three o’clock, p.m. 

Sec. 1162. Before receiving any ballots, the Board 
must, in the presence of any persons assembled at the 



POLL LISTS. 


29 


polling-place, open and exhibit and close the ballot-box; 
and thereafter it must not be removed from the polling- 
place or presence of the bystanders until all the ballots 
are counted ; nor must it be opened until after the polls are 
finally closed. 

Sec. 1163. Before the Board receive any ballots, they 
must cause it to be proclaimed aloud at the place of election 
that the polls are open. 

Sec. 1164. When the polls are closed, that fact must 
be proclaimed aloud at the place of election ; and after such 
proclamation no ballots must be received. 


CHAPTER VII. 


POLL LISTS. 

Section 1174. Form of poll lists. 

1175. Want of form not to vitiate. 


Sec. 1174. The following is the form of poll lists to be 
kept by the Boards and Clerks of Election. 


POLL LISTS 


Of the election held in the precinct of -, in the County of -, on the 

-day of-, in the year A.D. one thousand eight hundred and-. A. 

B., C. D., and E. F., Judges, and G. II. and J. K., Clerks of said elec¬ 
tion, were respectively sworn (or affirmed) as the law directs, previous to 
their entering on the duties of their respective offices. 


Number and Name of Electors voting . 


No. 

Name. 

No. 

Name. 

1 

A. B. 

3 

E. F. 

2 

C. D. 

4 

G. II. 


We hereby certify, that the number of electors voting at 
this election amounts to-. 


Attest: 

J?K.' j Clerks ' 


A. B.) 

C. D. > Board of Election. 
E. F. ) 


Proclama- 
mation at 
opening 
the polls. 


Procla¬ 
mation at 
closing 
the polls 


Form of 
poll list. 













30 


POLITICAL CODE. 


Form of 
poll lists. 


Want of 
form not 
to vitiate 


Names of persons voted for , and for what office, containing 
the number of votes given for each candidate. 


Governor. 

Kepresentative 
in Congress. 

Members of the Legislature. 

Senate. 

Assembly. 




• 


We hereby certify, that A. B. had- votes for Gov¬ 
ernor, and C. D. had-votes for Governor; thatE. F. 

had-votes for Representative in Congress, etc. 


j. k! | Clerks - 


A. B. ) 

C. D. > Board of Election. 
E. F. ) 


Sec. 1175. No list, tally, paper, or certificate returned 
from any election must be set aside or rejected for want of 
form, nor on account of its not being strictly in accordance 
with the directions of this Title, if it can be satisfactorily 
understood. 


CHAPTER VIII. 

ELECTION TICKETS AND BALLOTS. 

Section 1185. Ticket defined. 

1186. Ballot defined. 

1187. Tickets must be uniform. 

1188. Secretary of State to keep paper for tickets. 

1189. Must supply such paper to any person on application. 

1190. Disposition of moneys collected for sale of paper. 

1191. Form of ballot. 

1192. Ballots not to be given to any person within certain limits. 

1193. Tickets and ballots not to be folded or unfolded within certain 

limits. 

1194. Contents of tickets or ballots not to be exhibited within certain 

limits. 

1195. Persons not to be asked to disclose contents of ticket or ballot. 

1196. Ballots to have no marks on outside. 

1197. Ballot to have no marks by which it can be told who voted it. 

1198. Tickets, how to be folded. 

1199. Tickets not to be folded so as to indicate their contents. 

1200. Tickets folded together must be rejected. 

















ELECTION TICKETS AND BALLOTS. 


31 


1201. Ballots not to be rejected for obscurity in the name of person or 

office. 

1202. When more persons are designated for an office than are to be 

chosen, ballot to that extent must be rejected. 

1203. Written and printed names for the same office—which to be 

rejected. 

1204. Printed tickets not to be erased but by lead pencil or ink. 

1205. Two votes bn same ballot, for same person, must be counted 

as one. 

1206. Marked ballots to be rejected. 

1207. Same. 

1208. Ballots not conforming to requirements of law must be rejected. 

1209. Rejected ballots to be indorsed. 

1210. Rejected ballots must be preserved. 

1211. Ballots not rejected, but objected to, must be indorsed. 

1212. Ballots not in compliance with law not to be received. 


Sec. 1185. A ticket is a paper upon which is written or 
printed the names of the persons for whom the elector in¬ 
tends to vote, with a designation of the office to which each 
person so named is intended by him to be chosen. 

Sec. 1186. A ballot is a ticket folded in such a manner 
that nothing written or printed thereon can be seen. 

Sec. 1187. Every ticket must be of paper, uniform in 
size, color, weight, texture and appearance. 

Sec. 1188. The Secretary of State must provide and 
keep constantly on hand a sufficient quantity of paper, uni¬ 
form in color, weight, texture, and appearance, without marks 
of any kind thereon, to supply the demand for paper for 
tickets. 

Sec. 1189. He must, upon payment of the cost thereof 
and ten per cent, profit, furnish such paper to every person 
who may apply therefor, and who makes and files with him 
an affidavit that such paper is to be used in providing tickets 
to be used as ballots at any election next to ensue. 

Sec. 1190. The sum collected by him for paper so sold 
must be paid into the State Treasury ; and ten per cent, of 
such sum must be credited to a fund to be kept in the 
Treasury, and known as the “ Election Reward Fund.” 


Ticket 

defined. 


Ballot 

defined. 


Tickets 
must be 
uniform. 


Secretary 
of State to 
keep paper 
for tickets. 


Must 

supply such 
paper to 
any person 
on appli¬ 
cation. 


Disposition 
of money 
collected 
from sale 
of paper. 


82 


POLITICAL CODE. 


Form of 
ballot. 


Same. 


Ballots not 
to be given 
to any per¬ 
son within 
certain 
limits. 


Tickets and 
ballots not 
to be folded 
or unfolded 
within cer¬ 
tain limits. 

Contents of 
tickets or 
ballots not 
to be exhib¬ 
ited within 
certain 
limits. 


Persons not 
to be asked 
to disclose 
contents of 
ticket or 
ballot. 


Sec. 1191. No ticket must be used at any election, or 
circulated on the day of election, unless: 

1. It is written or printed on paper furnished by the Sec¬ 
retary of State, or upon paper in every respect precisely like 
such paper; 

2. It is four inches in width and twelve inches in length, 
or within one-eighth of an inch of such size ; 

8. If printed, the names of the persons voted for and the 
office designated are printed in black ink, and in long primer 
capitals—the name of the office in small capitals, and of the 
person in large capitals—and both without spaces, except be¬ 
tween the different words or initials in each line ; 

4. If printed, the same margin is left above the printed 
matter as below it, and the side margins are equal in size ; 

5. If printed, the lines are straight and the matter single 
leaded; 

6. If written, the matter is so written that no sign thereof 
appears when the paper is folded; and 

7. It is free from every mark, character, or device or 
thing that would enable any person to distinguish it by the 
back, or, when folded, from any other legal ticket or 
ballot. 

Sec. 1192. No ticket or ballot must, on the day of 
election, be given or delivered to or received by any per¬ 
son, except the Inspector, or a Judge acting as Inspector, 
within one hundred feet of the polling place. 

Sec. 1193. No person must, on the day of election, fold 
any ticket or unfold any ballot which he intends to use in 
voting, within one hundred feet of the polling place. 

Sec. 1194. No person must, on the day of election, 
within one hundred feet of the polling place, exhibit to 
another, in any manner by which the contents thereof may 
become known, any ticket or ballot which he intends to use 
in voting. 

Sec. 1195. No person must, on the day of election, 
within one hundred feet of the polling place, request another 
person to exhibit or disclose the contents of any ticket 


ELECTION TICKETS AND BALLOTS. 


83 


or ballot which such other person intends to use in 
voting. 

Sec. 1196. No ballot must be used at any election, or 
circulated on the day of any election, having any mark 
or thing on the back or outside thereof whereby it might 
be distinguished from any other ballot legally used on the 
same day. 

Sec. 1197. No ballot or ticket must be used or circu¬ 
lated on the day of any election, having any mark or thing 
thereon by or from which it can be ascertained what persons, 
or what class of persons, or at what time in the day, such 
ballot was voted or used. 

Sec. 1198. Every ticket, when used as a ballot, must 
be folded crosswise four times from the centre, so as to make 
the ballot three fourths of one inch in size, and must be 
pressed flat. 

Sec. 1199. No ticket must be folded in a manner to 
indicate its contents when used as a ballot. 

Sec. 1200. If in the ballot box two tickets are found 
folded together in the form of a ballot, they must both be 
rejected. 

Sec. 1201. No ballot or part thereof must be rejected 
by reason of any obscurity therein in relation to the name of 
the person voted for, or the designation of the office, if the 
Board, from an inspection of the ballot, can determine the 
person voted for and the office intended. 

Sec. 1202. If the names of more persons are desig¬ 
nated on any ballot found in the ballot box for the same 
office than are to be chosen for such office, then, except 
in the cases provided for in the next section, all the names 
designated for such offices must be rejected, and the fact 
of such rejection and the reasons therefor must at the time of 
such rejection be noted on the ballot and signed by a 
majority of the Election Board. 

ELECTION LAWS, g 


Ballots to 
have no 
marks on 
outside. 


Ballot to 
have no 
marks by 
which it 
can he 
told who 
voted it. 


Tickets, 
how to be 
folded. 


Tickets 
not to he 
folded so as- 
to indicate 
their 
contents. 

Tickets 
folded 
together 
must be 
rejected. 


Ballots 
not to be 
rejected for 
obscurity 
in the 
name of 
person or 
office. 


When more 
persons are 
designated 
for an office 
than are to 
be chosen, 
ballot to 
that extent 
must be 
rejected. 


34 


POLITICAL CODE. 


Written 
and printed 
names for 
the same 
office, 

which to be 
rejected. 


Printed 
tickets 
not to be 
erased but 
by lead 
pencil or 
ink. 


Two votes 
on same 
ballot for 
same 
person 
must be 
counted 
as one. 


Marked 
ballots to 
be rejected. 


Same. 


Ballots not 
conforming 
to require¬ 
ments of 
law must 
be rejected. 

Rejected 
ballots to 
be indorsed. 


Sec. 1203. When upon a ballot found in any ballot box 
a printed name and a name written with ink or with pencil 
appears, and there are not so many persons to be chosen for 
the office, the printed name must be rejected and the written 
one counted, and the fact must at the time be noted on the 
back of the ballot, and such note must be signed by a major¬ 
ity of the Election Board. 

Sec. 1204. When upon a ballot found in any ballot box 
a name has been erased and another substituted therefor, in 
any other manner than by the use of a lead pencil or com¬ 
mon writing ink, the substituted name must be rejected, and 
the name erased, if it can be ascertained from an inspection 
of the ballot, must be counted, and the fact thereof must be 
noted upon the ballot, and such note must be signed by a 
majority of the Election Board. 

Sec. 1205. If a ballot is found in any ballot box con¬ 
taining the name of the person and the office for which he 
is designated, or either, two or more times, it must not 
for that reason be rejected; it must be counted as one 
ballot. 

Sec. 1206. Wheji a ballot found in any ballot box bears 
upon the outside thereof any impression, device, color, or 
thing, or is folded in a manner designed to distinguish such 
ballot from other legal ballots deposited therein, it must with 
all its contents be rejected. 

Sec. 1207. When a ballot found in any ballot box bears 
upon it any impression, device, color, or thing, or is folded 
in a manner intended to designate or impart knowledge of 
the person who voted such ballot, it must with all its contents 
be rejected. 

Sec. 1208. When a ballot found in any ballot box does 
not conform to the requirements of section eleven hundred 
and ninety-one, it must with all its contents be rejected. 

Sec. 1209. Whenever the Board of Election rejects a 
ballot, it must at the time of such rejection cause to be made 


VOTING AND CHALLENGES. 


35 


thereon, and signed by a majority of the Board, an indorse¬ 
ment of such rejection and of the causes thereof. 

Sec. 1210. All rejected ballots must be preserved and 
returned in the same manner as other ballots. 

Sec. 1211. Whenever a question arises in the Board as 
to the legality of a ballot or any part thereof, and the Board 
decided in favor of the legality, such action, together with a 
concise statement of the facts that gave rise to the objection, 
must be indorsed upon the ballot and signed by a majority of 
the Board. 

Sec. 1212. The Board must refuse to receive or to allow 
to be deposited in the ballot box any ballot offered, if it is 
apparent that it is not in compliance with the provisions of 
this Chapter. 


\ 

CHAPTER IX. 

VOTING AND CHALLENGES. 

Section 1224. Voting, when to commence aud continue. 

1225. Manner of voting. 

1226. Same. 

1227. Same. 

1228. Record that person has voted, how kept. 

1229. Same. 

1230. Grounds of challenge. 

1231. Proceedings on challenge for want of identity. 

1232. Same, on challenge for non-residence in State. 

1233. Same, on challenge for non-residence in precinct. 

1234. Same, on challenge for having before voted. 

1235. Same, on ground of conviction of a felony. 

1236. Challenges, how determined. 

1237. Same. 

1238. If person refuses to be sworn, vote to be rejected. 

1239. Rules for the determination of questions of residence. 

1240. Term of residence, how computed. 

1241. Rules must be read, if requested. 

1242. Proceedings upon determination of challenge. 

1243. List of challenges to be kept. 

Sec. 1224. Voting may commence as soon as the polls 
are opened, and may be continued during all the time the 
polls remain open. 


Rejected 
ballots 
must be 
preserved. 

Ballots not 

rejected 

but 

objected to 
must be 
indorsed. 


Ballots not 
in compli¬ 
ance with 
law not 
to be 
received. 


Voting, 
when to 
commence 4 
and 

continue. 



86 


POLITICAL CODE. 


Maimer of 
voting. 


Same. 


Same. 


Record 
that person 
has voted, 
how kept. 


Same. 


Grounds of 
challenge. 


Sec. 1225. The person offering to vote must hand his 
ballot to the Inspector, or to one of the Judges acting as 
Inspector, and announce his name and the number affixed 
to it on the printed copy of the register, if his name is 
thereon. 

Sec. 1226. The Inspector, or Judge acting as such, 
must receive the ballot, and before depositing it in the ballot 
box must, in an audible tone of voice, announce the name and 
register number (if there be one) of the person voting. 

Sec. 122T. If the name is found on the copy of the 
Great Register, or if the party produces and files with the 
Board an uncanceled certificate of registration on the Great 
Register of the county, and the vote is not rejected upon a 
challenge taken, the Inspector, or Judge acting as such, 
must, in the presence of the Board of Election, place the 
ballot, without being opened or examined, in the ballot box. 

Sec. 1228. When the ballot has been placed in the box, 
one of the Judges must write the word “ voted ” opposite 
the number of the person on the printed copy of the Register; 
or, if the person voted on a certificate of registration, then 
upon the face thereof. 

Sec. 1229. Each Clerk must keep a list of persons vot¬ 
ing, and the name of each person who votes must be entered 
thereon and numbered in the order of voting. 

Sec. 1230. A person offering to vote may be orally 
challenged by any elector of the county, upon either or all 
of the following grounds: 

1. That he is not the person whose name appears on the 
Register; 

2. That he has not resided within the State for six months 
next preceding the election ; 

3. That he has not resided within the precinct for thirty 
days next preceding the election ; 

4. That he has before voted that day ; 



VOTING AND CHALLENGES. 


87 


5. That he has been convicted of a felony and has not 
been pardoned. 

Sec. 1231. If the challenge is on the ground that he is ^eed- 
not the person whose name appears on the Great Register, fJr wlnf e of 
the Inspector must tender him the following oath: identity. 

“ You do swear (or affirm) that you are the person whose 
name is entered on the Great Register.” 

Sec. 1232. If the challenge is on the ground that he has s ^> on 

y ° challenge 

not resided in the State for six months next preceding the residence in 
election, the person challenged must be sworn to answer state - 
questions; and after he is sworn, the following questions must 
be propounded to him by the Inspector : 

1. Have you resided in this State for six months immedi¬ 
ately preceding this election ? 

2. Have you been absent from this State within the 
six months immediately preceding this election? If yes, 
then: 

3. When you left, did you leave for a temporary purpose, 
with the design of returning, or for the purpose of remaining 
away ? 

4. Did you while absent regard this State as your home ? 

5. Did you while absent vote in any other State ? 

And such other questions as may be necessary to a deter¬ 
mination of the challenge. 


Sec. 1233. If the challenge is on the ground that he has same, on 
not resided in the precinct for thirty days next preceding the for non? 10 
election, the person challenged must be sworn to answer precinct, 
questions, and after he is so sworn the following questions 
must be propounded to him by the Inspector: 

1. When did you last come into this election precinct ? 

2. When you came into this precinct did you come for a 
temporary purpose merely, or for the purpose of making it 
your home ? 

3. Did you come into this precinct for the purpose of vot¬ 
ing here ? 

And such other questions as may be necessary to a de¬ 
termination of the challenge. 


88 


POLITICAL CODE. 


Same, on 
challenge 
for having 
before 
voted. 


Same, on 
ground of 
conviction 
of a felony. 


Challenges, 
how deter¬ 
mined. 


Same. 


If persons 
refuse to be 
sworn, vote 
to be 
rejected. 


Rules for 
the deter¬ 
mination of 
questions of 
residence. 


Sec. 1234. If the challenge is on the ground that the 
person challenged has before voted that day, the Inspector 
must tender to the person challenged this oath : 

“ You do swear (or affirm) that you have not before voted 
this day.” 

Sec. 1235. If the challenge is on the ground that the 
person challenged has been convicted of a felony and has not 
been pardoned, he must not be questioned ; but the fact may 
be proved by the production of an authenticated copy of the 
record, or by the oral testimony of two witnesses and the 
non-production of a pardon. 

Sec. 1236. Challenges upon the grounds either : 

1. That the person challenged is not the person whose 
name appears on the Great Register; 

2. That the party has before voted on that day; 

—Are determined in favor of the party challenged by his 
taking the oath tendered. 

Sec. 1237. Challenges for causes other than those 
specified in the preceding section must be tried and deter¬ 
mined by the Board of Election at the time of the chal¬ 
lenge. 

Sec. 1238. If any person challenged refuses to take the 
oaths tendered, or refuses to be sworn and to answer the 
questions touching the matter of residence, he must not be 
allowed to vote. 

Sec. 1239. The Election Board, in determining the place 
of residence of any person, must be governed by the following 
rules, so far as they are applicable : 

1. That place must be considered and held to be the res¬ 
idence of a person in which his habitation is fixed, and to 
which whenever he is absent he has the intention of re¬ 
turning ; 

2. A person must not be held to have gained or lost a res¬ 
idence by reason of his presence at or absence from a place 
while employed in the service of the United States, or of this 


VOTING AND CHALLENGES. 


89 


State, nor while engaged in navigation, nor while a student 
at any institution of learning, nor while kept in an almshouse, 
asylum, or prison ; 

8. A person must not be considered to have lost his resi¬ 
dence who leaves his home to go into another State or 
precinct in this State for temporary purposes merely, with 
the intention of returning ; 

4. A person must not be considered to have gained a resi¬ 
dence in any precinct into which he comes for temporary 
purposes merely, without the intention of making such pre¬ 
cinct his home ; 

5. If a person removes to another State with the intention 
of making it his residence, he loses his residence in this 
State; 

6. .If a person removes to another State with the intention 
of remaining there for an indefinite time, and as a place of 
present residence, he loses his residence in this State, not¬ 
withstanding he entertains an intention of returning at some 
future period ; 

7. The place where a man’s family resides must be held 
to be his residence; but if it is a place of temporary estab¬ 
lishment for his family, or for transient objects, it is other¬ 
wise ; 

8. If a man has a family fixed in one place, and he does 
business in another, the former must be considered his place 
of residence; but any man having a family, and who has 
taken up his abode with the intention of remaining, and 
whose family does not so reside with him, must be regarded 
as a resident where he has so taken up his abode; 

9. The mere intention to acquire a new residence, without 
the fact of removal, avails nothing; neither does the fact of 
removal without the intention. 

Sec. 1240. The term of residence must be computed by 
including the day on which the person’s residence com¬ 
menced, and by excluding the day of the election. 

Sec. 1241. Before administering an oath to a person 
touching his place of residence, the Inspector must, if re- 


Same. 


Term of 

residence, 

how 

computed. 


Rules must 
be read, if 
requested. 


40 


POLITICAL CODE. 


Proceed¬ 
ings upon 
determi¬ 
nation of 
challenge. 


List of 
challenges 
to be kept. 


Canvass to 
be public, 
and 

without 

adjourn¬ 

ment. 


quested by any person, read to the person challenged the 
rules prescribed by sections twelve hundred and thirty-eight 
and twelve hundred and thirty-nine. 

Sec. 1242. If the challenge is determined against the 
person offering to vote, the ballot offered must, without exam¬ 
ination, be returned to him; if determined in his favor, the 
ballot must be deposited in the ballot box. 

Sec. 1243. The Board must cause one of the Clerks to 
keep a list, showing : 

1. The names of all persons challenged; 

2. The grounds of such challenges ; 

3. The determination of the Board upon the challenge. 


CHAPTER X. 

CANVASSING AND RETURNING THE VOTE. 

Section 1252. Canvass to be public, and without adjournment. 

1253. Canvass, bow commenced. 

1254. Ballots must be made to agree with names on the list. 

1255. Same. 

1256. Same. 

1257. Counting the votes. 

1258. Tallies. 

1259. Tickets to be strung and inclosed in sealed envelopes. 

1260. Return list. , 

1261. Certain papers to be sealed up. 

1262. * Inspector to keep certain papers. 

1263. Returns and ballots to be delivered to a member of the Board. 

1264. Must be delivered to County Clerk. 

1265. Clerk to keep ballots unopened. 

1266. When package containing ballots may be destroyed; when 

opened. 

1267. Returns to be delivered by Clerk to Supervisors. 

1268. Copy of Register to be filed in County Clerk’s office. 

Sec. 1252. As soon as the polls are finally closed, the 
Judges must immediately proceed to canvass the vote given 
at such election. The canvass must be public, in the pres¬ 
ence of bystanders, and must be continued without adjourn¬ 
ment until completed and the result thereof is declared. 



CANVASSING AND RETURNING THE VOTE. 


41 


Sec. 1253. The canvass must be commenced by taking 
out of the box the ballots unopened (except so far as to 
ascertain whether each ballot is single) and counting the 
same to ascertain whether the number of ballots corresponds 
with the number of names on the list of voters kept by the 
Clerks. 

Sec. 1254. If two or more separate ballots are found so 
folded together as to present the appearance of a single 
ballot, they must be laid aside until the count of the ballots 
is completed; then, if upon a comparison of the count with 
the number of names of electors on the lists which have been 
kept by the Clerks, it appears that the two ballots thus folded 
together were cast by one elector, they must be destroyed. 

Sec. 1255. If the ballots in the box are still found to 
exceed in number the names on the lists, they must be re¬ 
placed in the box, and one of the Judges must publicly and 
without looking in the box, draw out therefrom singly and 
destroy unopened a number of ballots equal to such excess. 

Sec. 1256. The number of ballots agreeing or being 
thus made to agree with the number of names on the lists, 
the lists must be signed by the members of the Board and 
attested by the Clerks, and the number of names thereon 
must be set down in words and figures at the foot of each 
list, and over the signatures of the Judges and the attesta¬ 
tion of the Clerks, substantially in the form prescribed in 
section eleven hundred and seventy-four. 

Sec. 1257. After the lists are thus signed, the Board 
must proceed to count and ascertain the number of votes 
cast for each person voted for. The ballots must be taken 
out and opened by one of the members of the Board, and 
the ticket must be distinctly read. 

Sec. 1258. Each Clerk must write down each office to 
be filled and the name of each person voted for to fill such 
office, and keep the number of votes by tallies as they are 
read aloud. 


Canvass, 
how com- 
menced. 


Ballots 
must be 
made to 
agree with 
names on 
the list. 


Same. 


Same. 


Counting 
the votes. 


Tallies. 


42 


POLITICAL CODE. 


Tickets to 
be strung 
and 

inclosed in 

sealed 

envelopes. 


Return list. 


Certain 
papers to be 
sealed up. 


Inspector 
to keep 
certain 
papers. 


Returns 
and ballots 
to be 
delivered 
to a 

member of 
the Board. 


Must be 
delivered 
to County- 
Clerk. 


Clerk to 
keep 
ballots 
unopened. 


Sec. 1259. The tickets, as soon as read, or rejected for 
illegality, must be strung upon a string by one of the Judges, 
and must not thereafter be examined by any person, but 
must, as soon as all are counted, be carefully sealed in a 
strong envelope, each member of the Board writing his name 
across the seal. 

Sec. 1260. As soon as all the votes are counted and 
the tickets sealed up, lists must be attached to the tally 
lists containing the names of persons voted for and for what 
office, and the number of votes given for each candidate, 
the number being written at full length, and such lists must 
be signed by the members of the Board and attested by the 
Clerks, substantially in the form in section eleven hundred 
and seventy-four given. 

Sec. 1261. The Board must before it adjourns inclose in 
a cover and seal up and direct to the County Clerk the copy 
of the Great Register upon which one of the Judges marked 
the word “ Voted ” as the ballots were received, all certifi¬ 
cates of registration received by it, the list of persons chal¬ 
lenged, one copy of the list of voters, and one copy of the 
tally list and list attached thereto. 

Sec. 1262. The Inspector must retain open to the in¬ 
spection of all for at least six months the other copy of the 
list of voters, tally list, and list attached thereto. 

Sec. 1263. The sealed packages containing the Reg¬ 
ister, lists, papers, and ballots, must before the Board 
adjourns be delivered to one of its number, to be determined 
by lot, unless otherwise agreed upon. 

Sec. 1254. The member to whom such packages are 
delivered must, before the next succeeding Monday, deliver 
such packages, \Yithout their having been opened, to the 
County Clerk. 

Sec. 1265. Upon the receipt of the packages the Clerk 
must file the one containing the ballots, and must keep it 
unopened and unaltered for twelve months, after which time, 


43 


CANVASS OF RETURNS, ETC. 

if there is not a contest commenced in some tribunal having 
jurisdiction about such election, he must burn the package, 
without opening or examining its contents. 

Sec. 1266. If within twelve months there is such a con¬ 
test commenced, he must keep the package unopened and 
unaltered until it is finally determined, when he must, as 
provided in the preceding section, destroy it, unless such 
package is, by virtue of an order of the tribunal in which 
the contest is pending, brought and opened before it, to the 
end that evidence may be had of its contents, in which event 
the package and contents are in the custody of such tribunal. 

Sec. 1267. The other package the Clerk must produce 
before the Board of Supervisors, when it is in session for the 
purpose of canvassing returns. 

Sec. 1268. As soon as the returns are canvassed the 
Clerk must take the copy of the Register returned and file it 
in his office. 


CHAPTER XI. 

CANVASS OF RETURNS—DECLARATION OF RESULT—COMMIS¬ 
SIONS AND CERTIFICATES OF ELECTION. 

Section 1278. Meeting of Supervisors to canvass returns. 

1279. Same. 

1280. Same. 

1281. Canvass, how made. 

1282. Statement of result to be entered of record. 

1283. Declaration of result. 

1281. Certificates issued by Clerk. 

1285. District returns, how made up. 

1286. How transmitted. 

1287. Duty of Clerk receiving district returns. 

1288. State returns, how made. 

1289. How transmitted. 

1290. Duty of Secretary of State relative to. 

1291. Commissions issued by Governor. 

1292. Returns of election for Governor and Lieutenant Governor 
how made. 

1293. How transmitted. 


When 

package 

containing 

ballots 

may be 

destroyed, 

when 

opened. 


Returns 
to be 
delivered 
by Clerk to 
Supervisors 


Copy of 
Register to 
be filed in 
County 
Clerk’s 
office. 



44 


POLITICAL @ODE. 


Section 1294. Same. 

1295. Same. 

1296. Canvass of returns of election for Governor and Lieutenant 

Governor. 

1297. Defects in form of returns, when to be disregarded. 


sJfpSvfsOTs Sec. 1278. The Board of Supervisors of each county, 
retmmsf 68 except Humboldt, San Diego, and Trinity, must meet at 
their usual places of meeting on the first Monday after each 
election to canvass the returns. 

same. Sec. 1279 . The Board of Supervisors of the counties ex¬ 

cepted must each meet at its usual place of meeting on the 
second Monday after each election, to canvass the returns. 

same. Sec. 1280. If at the time of meeting, the returns from 

each precinct in the county in which polls were opened have 
been received, the Board must then and there proceed to 
canvass the returns ; but if all the returns have not been re¬ 
ceived, the canvass must be postponed from day to day until 
all the returns are received, or until six postponements have 
been had. 


Sec. 1281. The canvass must be made in public, and by 
opening the returns and estimating the vote of such county 
or township for each person voted for, and for and against 
each proposition voted upon at such election, and declaring 
the result thereof. 


Statement 
of result 
to be 

entered of 
record. 


Sec. 1282. The Clerk of the Board must, as soon as the 
result is declared, enter on the records of such Board a state¬ 
ment of such result, which statement must show: 

1. The whole number of votes cast in the county; 

2. The names of the persons voted for and the propositions 
voted upon; 

8. The office to fill which each person was voted for; 

4. The number of votes given at each precinct to each of 
such persons and for and against each of such propositions; 

5. The number of votes given in the county to each of 
such persons and for and against each of such propositions. 


CANVASS OF RETURNS, ETC. 


45 


Sec. 1283. The Board must declare elected the person 
having the highest number of votes given for each office to be 
filled by the votes of a single county or subdivision thereof. 

Sec. 1284. The County Clerk must immediately make 
out and deliver to such person (except to the person elected 
County Judge) a certificate of election, signed by him and 
authenticated with the seal of the County Court. 

Sec. 1285. When there are officers other than Repre¬ 
sentatives in Congress voted for, who are chosen by the 
electors of a district composed of two or more counties, each 
of the County Clerks of the counties composing such district, 
immediately after making out the statement specified in sec¬ 
tion twelve hundred and eighty-two, must make a certified 
abstract of so much thereof as relates to the election of such 
officers. 

Sec. 1286. The Clerk must seal up such abstract, in¬ 
dorse it “ Election Returns,” and without delay transmit the 
same by mail to the County Clerk of the county which stands 
first in alphabetical arrangement in the' list of counties com¬ 
posing such district. 

Sec. 1287. The Clerk to whom the election returns of a 
district are made must, on the twentieth day after such 
election, or sooner if returns from all the counties in the dis¬ 
trict have been received, open in public such returns, and 
from them and the statement of the vote for such officers in 
his own county: 

1. Make a statement of the vote of the district for such 
officers, and file the same, together with the returns, in his 
office; 

2. Transmit a certified copy of such statement to the Secre- 
retary of State; 

3. Make out and deliver or transmit by mail to the persons 
elected a certificate of election (unless it is by law otherwise 
provided). 

Sec. 1288. When there has been a judicial election, or 
when there has been a general or special election for officers 


Declara¬ 
tion of 
result. 


Certificates 
issued by 
Clerk. 


District 

returns, 

how 

made up. 




How trans¬ 
mitted. 


Duty of 

Clerk 

receiving 

district 

returns. 


State 
returns, 
how made. 


46 


POLITICAL CODE. 


How trans¬ 
mitted. 


Duty of 
Secretary 
of State 
relative to. 




Commis¬ 
sions 
issued by 
Governor. 


Beturns of 
election for 
Governor 
and 

Lieutenant 
Governor, 
bow made. 


How trans¬ 
mitted. 


Same. 


chosen by the electors of the State at large, each County 
Clerk, so soon as the statement of the vote of his county is 
made out and entered upon the records of the Board of Super¬ 
visors, must make a certified abstract of so much thereof as 
relates to the votes given for persons for offices to be filled at 
such judicial election, (except Justices of the Peace) or at 
.such general or special elections. 

Sec. 1289. The Clerk must seal up such abstract, in¬ 
dorse it “ Election Returns,” and without delay transmit it by 
mail to the Secretary of State. 

Sec. 1290. On the sixtieth day after the day of election, 
or so soon as the returns have been received from all the 
counties of the State, if received within that time, the Secre¬ 
tary of State must compare and estimate the vote, and make 
out and file in his office a statement thereof, and transmit a 
copy of such statement to the Governor. 

Sec. 1291. Upon receipt of such copy the Governor must 
issue commissions to the persons who from it appear to have 
received the highest number of votes for offices, except that 
of Governor and Lieutenant Governor, to be filled at such 
election. 

Sec. 1292. When an election has been held to fill the 
office of Governor or Lieutenant Governor, the Clerk of each 
county, in addition to the abstract made for transmission to 
the Secretary of State, must, as soon as the statement of the 
vote of his county is made out and entered upon the records 
of the Board of Supervisors, make two certified abstracts of 
so much thereof as relates to the vote given for such officers. 

Sec. 1293. The Clerk must seal up each abstract sepa¬ 
rately, and indorse thereon “ Election Returns for Governor 
and Lieutenant Governor.” 

Sec. 1294. He must at once direct one copy to “ The 
Speaker of the Assembly next to meet,” address it to Sacra¬ 
mento, California, and deposit it, post paid, in the Post 
Office. 


ELECTION FOR ELECTORS. 


47 


Sec. 1295. The other copy he must direct and address 
in the same manner, and at once deliver it to a member elect 
of the Legislature or to a Senator who holds over; and the 
person to whom it is so delivered must deliver it to the Speaker 
on or before the second day next after his election. 

Sec. 1296. The returns of election for Governor and 
Lieutenant Governor must during the first week of the ses- 
sion be opened, canvassed, and the result declared by the 
, Speaker of the Assembly, in presence of both Houses. 

Sec. 1297. No declaration of the result, commission, or 
certificate must be withheld on account of any defect or in¬ 
formality in the return of any election, if it can with reason¬ 
able certainty be ascertained from such return what office is 
intended, and who is elected thereto. 


CHAPTER XII. 

ELECTION FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT. 

Section 1307. Electors, when chosen. 

1308. Returns, how made. 

1309. How transmitted. 

1310. Messenger, when Clerk may employ. 

1311. Proof of necessity for and approval of appointment of mes¬ 

senger. 

1312. Compensation of messenger. 

1313. Duties of Secretary of State relative to returns. 

1314. Duty of Governor. 

1315. Meeting of Electors. 

1316. Vacancies in, how supplied. 

1317. Voting by Electors, and returns. 

1318. Separate ballots for President and Vice President. 

1319. Must make lists of persons voted for. 

1320. Result to be transmitted to the President of the United States 

Senate. 

1321. Compensation of Electors. 

1322. How audited and paid. 

Sec. 1307. At the general election in each bissextile or 
leap year, unless by the laws of the United States another 


Same. 


Canvass of 
returns of 
election for 
Governor 
and 

Lieutenant 

Governor. 


Defects in 
form of 
returns, 
when to 
be disre¬ 
garded. 


Electors, 

when 

chosen. 




48 


POLITICAL CODE. 


Returns, 
how made. 


How trans¬ 
mitted. 


Messenger, 
when * 
Clerk may 
employ. 


Proof of 
necessity 
for and 
approval of 
appoint¬ 
ment of 
messenger. 


Compensa¬ 
tion of 
messenger. 


Duties of 
Secretary 
of State 
relative to 
returns. 


time is fixed, and then at such time, there must be chosen by 
the qualified voters of the State as many Electors of Presi¬ 
dent and Vice President of the United States as the State is 
then entitled to. 

Sec. 1308. The Clerk of each county, as soon as the 
statement of the vote of his county at such election is made 
out and entered on the records of the Board of Supervisors, 
must make a certified abstract of so much thereof as relates 
to the vote given fo,r persons for Electors of President and 
Vice President of the United States. 

Sec. 1309. The Clerk must seal up such abstract, in¬ 
dorse it 44 Presidential. Election Returns,” and without delay 
transmit it to the Secretary of State, by mail, or in the man¬ 
ner hereinafter prescribed. 

Sec. 1310. If the County Clerk of any county has rea¬ 
son to believe that the abstract will not in the due course of 
mail reach the Secretary of State before the time fixed by 
law for canvassing the returns of such election, he may, w r ith 
the approval of the County Judge, employ a person to convey 
and deliver such abstract to the Secretary of State. 

Sec. 1311. In the event provided for in the preceding 
section, the Clerk must make an affidavit setting forth the 
reasons for his belief and the name of the person employed 
by him, which affidavit, with the approval of the County 
Judge indorsed thereon, must be given to the person ap¬ 
pointed, and by him, with the abstract, must be delivered to 
the Secretary of State. 

Sec. 1312. The person appointed by the Clerk, after he 
delivers the abstract and statement, is entitled to receive as 
compensation mileage at the rate of thirty cents a mile from 
the county seat to the seat of government. His account 
therefor, certified by the Secretary of State, must be audited 
by the Controller, and paid out of the General Fund in the 
State Treasury. 

Sec. 1313. On the last Monday in the month of the elec¬ 
tion, or as soon as the returns have been received from all the 


ELECTION FOR ELECTORS. 


49 


counties in the State, if received before that time, the Secre¬ 
tary of State must compare and estimate the votes given for 
Electors, and certify to the Governor t the names of the proper 
number of persons having the highest number of votes. 

Sec. 1314. The Governor must, upon the receipt of such Duty of 

. . A . Governor. 

certificate, transmit to each of such persons a certificate of 
election, and on or before the day of their meeting deliver to . 
the Electors a list of the names of Electors, and must do all 
other things required of him in the premises by any Act of 
Congress in force at the time. . 

Sec. 1315. The Electors chosen must assemble at the Meeting of 

Electors. 

seat of government on the first Wednesday in December next 
after their election, at two o’clock in the afternoon. 

Sec. 1316. In case of the death or absence of any Elector 
chosen, or in case the number of Electors from any cause be 
deficient, the Electors then present must elect, from the citi¬ 
zens of the State, so many persons as will supply such defi¬ 
ciency. 

Sec. 1317. The Electors, when convened, must vote by 
ballot for one person for President and one person for Vice 
President of the United States, one of whom, at least, is not 
an inhabitant of this State. 

Sec. 1318. They must name in their ballots the persons 
voted for as President, and in distinct ballots the persons 
voted for as Vice President. 


Vacancies 
in, 4iow 
supplied. 


Voting by 
Electors, 
and returns. 


Separate 
ballots for 
President 
and Vice 
President. 


Sec. 1319. They must make distinct lists of all persons Must^make 
voted for as President, and of all persons voted for as Vice P^ n £ s or 
President, and of the number of votes given for each. 


Sec. 1320. They must certify, seal up, and transmit by 
mail such lists to the seat of government of the United States, 
directed to the President of the Senate. 

Sec. 1321. Electors receive the same pay and mileage 
as is allowed to members of the Assembly. 


Result to be 
transmitted 
to the 
President 
of the 
United 
States 
Senate. 

Compensa¬ 
tion of 
Electors. 


ELECTION LAWS. ^ 


50 


POLITICAL CODE. 


How 
audited 
and paid. 


Elections 
for full 
terms. 


Elections 
to fill 
vacancies. 


Wien field. 


Sec. 1322. Their accounts therefor, certified by the Sec¬ 
retary of State, must be audited by the Controller, who must 
draw his warrants for the same on the Treasurer, payable out 
of the General Fund. 


CHAPTER XIII. 

ELECTIONS FOR MEMBERS OF CONGRESS. 

Article I. Election for Senators. 

II. Election for Representatives. 


ARTICLE I. 

ELECTION FOR SENATORS. 

Section 1332. Elections for full terms. 

1333. Elections to fill vacancies. 

Sec. 1332. Elections for Senators in Congress for full 
terms must be held at the regular session of the Legislature 
next preceding the commencement of the term to be filled. 

Sec. 1333. Elections to fill a vacancy in the term of a 
United States Senator must be held at the session of the 
Legislature next succeeding the occurrence of such vacancy. 


ARTICLE II. 

ELECTIONS FOR REPRESENTATIVES. 

Section 1343. When held. 

1344. Returns, how made. 

1345. How transmitted. 

1346. Duty of Secretary of State relative to. 

1347. Certificates issued by Governor. 

Sec. 1313. At the general election in the year eighteen 
hundred and seventy-three, and at the general election every 
two years thereafter, there must be elected, for each Con¬ 
gressional District, one representative to the Congress of the 
United States. 





PRIMARY ELECTIONS. 


51 


Sec. 1344. The Clerk of each county, as soon as the 
statement of the vote of his county at such election is made 
out and entered on the records of the Board of Supervisors, 
must make a certified abstract of so much thereof as relates 
to the vote given for persons for Representatives to Congress. 

Sec. 1345. The Clerk must seal up such abstract, indorse 
it “ Congressional Election Returns,” and without delay 
transmit it by mail to the Secretary of State. 

Sec. 1346. On the sixtieth day after the day of election, 
or as soon as the returns have been received from all the 
counties of the State, if received within that time, the Sec¬ 
retary of State must compare and estimate the votes given 
for such Representatives, and certify to the Governor the 
person having the highest number of votes in each Congress¬ 
ional District as duly elected. 

Sec. 1347. The Governor must, upon the receipt of such 
certificate, transmit to each of such persons a certificate of 
his election, sealed with the great seal and attested by the 
Secretary of State. 


CHAPTER XIV. 

PRIMARY ELECTIONS. 

Section 1357. Committees may by resolution elect to hold under election laws. 

1358. Resolution, form of. 

1359. Notice, form of. 

1360. Challenges. 

1361. None but qualified persons to participate. 

1362. Returns, how made. 

1363. Certificates of election, when issued by Board of Judges. 

1364. Canvass of returns and certificate by committee. 

1365. What provisions of law applicable to these elections. 

Sec. 1357. Any committee or body authorized by the 
rules or customs of a voluntary political association or organi¬ 
zation to call elections of or for such association or organiza- 


Returns, 
how made. 


How trans¬ 
mitted. 


Duty of 
Secretary 
of State 
relative to. 


Certificates 
issued by 
Governor. 


Commit¬ 
tees may by 
resolution 
elect to 
hold under 
election 
laws. 



52 


POLITICAL CODE. 


Same. 


JEteso- 
lution, 
form of. 


tion, for any purpose, may by resolution adopted at the time 
of making the call, elect to have such elections conducted in 
accordance with the rules prescribed in sections ten hundred 
and eighty-three, ten hundred and eighty-four, eleven hun¬ 
dred and forty-four, eleven hundred and forty-five, eleven 
hundred and forty-six, eleven hundred and forty-seven, eleven 
hundred and forty-eight, eleven hundred and sixty-two, eleven 
hundred and sixty-three, eleven hundred and sixty-four, 
eleven hundred and seventy-four, eleven hundred and sev¬ 
enty-five, twelve hundred, twelve hundred and one, twelve 
hundred and two, twelve hundred and three, twelve hundred 
and twenty-four, twelve hundred and twenty-seven, twelve 
hundred and twenty-nine, twelve hundred and thirty, twelve 
hundred and thirty-one, twelve hundred and thirty-two, 
twelve hundred and thirty-three, twelve hundred and thirty- 
four, twelve hundred and thirty-five, twelve hundred and 
thirty-six, twelve hundred and thirty-seven, twelve hundred 
and thirty-eight, twelve hundred and thirty-nine, twelve hun¬ 
dred and forty, twelve hundred and forty-one, twelve hundred 
and forty-two, twelve hundred and fifty-two, twelve hundred 
and fifty-three, twelve hundred and fifty-four, twelve hundred 
and fifty-five, twelve hundred and fifty-six, twelve hundred 
and fifty-seven, twelve hundred and fifty-eight, twelve hun¬ 
dred and fifty-nine, and twelve hundred and sixty. 

Sec. 1358. The resolution must declare : 

1. The time and place of holding the election, and the 
hours between which the polls are to be kept open; 

2. The names of the persons to constitute the Election 
Board; 

3. The object of the election ; 

4. That such election will be held under the provisions of 
the primary election law; 

5. The time and manner of the publication of notice of 
such election ; 

6. The qualifications required for voters in addition to 
those prescribed by law. 


PRIMARY ELECTIONS. 


53 


Sec. 1359. The notice of the election must be signed by 
the Secretary of the committee or body, and must contain a 
copy of the resolution, and must be published as directed in 
the resolution. 


Sec. 1360. In addition to the challenges allowed by law, 
any person offering to vote at such election may be challenged 
upon the ground that he does not possess the other qualifica¬ 
tions prescribed in the resolution, and such challenges must 
be tried and determined by the Board of Election, who to 
that end may administer an oath to such persons, and may 
ask them any question tending to prove or disprove the 
challenge. 

Sec. 1361. None but persons who possess the qualifica¬ 
tions prescribed by law and by the resolution must vote or 
participate in any of the proceedings at such election. 

Sec. 1362. After counting the votes and signing the 
lists, the Judges must cause the ballots and one copy of the 
lists to be delivered to the Secretary signing the notice of 
election, and one of the Judges must retain the other lists 
for twenty days after the election. 

Sec. 1363. The Board of Election must issue certifi¬ 
cates of election to all persons who are chosen to fill any 
position by the vote of one precinct alone. 

Sec. 1364. The committee or body from which emanated 
the resolution calling the election may, under such rules as it 
adopts, open and canvass the returns, and issue certificates to 
persons chosen to fill positions by the voters of more than one 
precinct. 


Challenges. 


None but 
qualified 
persons to 
participate. 


Returns, 
how made. 


Certificates 
of election, 
when 
issued by 
Board of 
Judges. 

Canvass of 
returns and 
certificate 
by com¬ 
mittee. 


Sec. 1365. All of the provisions of Title IY, Part I of ^- gion 
the Penal Code, and all the provisions of the sections referred appulabi 
to in the first section of this Chapter, are applicable to elec- elections, 
tions held under the provisions of this Chapter from and after 
the last publication of the notice mentioned in section thirteen 
hundred and fifty-nine. 


PRELIMINARY PROVISIONS 


OF THE 

PENAL CODE. 


Section 17. Felony and misdemeanor defined. 

18. Punishment of felony when not otherwise prescribed. 

19. Punishment of misdemeanor when not otherwise prescribed. 
24. This Act, how cited, etc. 


Felony and 
misde¬ 
meanor 
defined. 


Punish¬ 
ment of 
felony 
when not 
otherwise 
prescribed. 


Punish¬ 
ment of 
misde¬ 
meanor 
when not 
otherwise 
prescribed. 


This Act, 
how cited, 
etc. 


Sec. 17. A felony is a crime which is, or may be, punish¬ 
able with death, or by imprisonment in the State Prison. 
Every other crime is a misdemeanor. 

Sec. 18. Except in cases where a different punishment 
is prescribed by this Code, every offense declared to be felony 
is punishable by imprisonment in the State Prison not exceed¬ 
ing five years. 

Sec. 19. Except in cases where a different punishment 
is prescribed by this Code, every offense declared to be a 
misdemeanor is punishable by imprisonment in a County Jail 
not exceeding six months, or by a fine not exceeding five 
hundred dollars, or by both. 

Sec. 24. This Act, whenever cited, enumerated, re¬ 
ferred to, or amended, may be designated simply as “ The 
Penal Code,” adding, when necessary, the number of the 
section. 




PART I, TITLE IV, 

OP THE 

PENAL CODE. 


OF CRIMES AGAINST TIIE ELECTIVE FRANCHISE. 


Section 41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

i 

50. 

51. 

52. 

53. 

54. 


55. 


56. 

57. 

58. 

59. 

60. 


61. 


Violation of election laws by certain officers a felony. 

Fraudulent registration a felony. 

Refusal to be sworn by or to answer questions of Board of 
Judges of Election a misdemeanor. 

Refusal to obey summons of Board of Registration a misde¬ 
meanor. 

Voting without being qualified, voting twice, and other elec¬ 
tion frauds, felonies. 

Attempting to vote without being qualified. 

Procuring illegal voting a misdemeanor. 

Changing ballots or altering returns by election officers, 
felonies. 

Inspectors unfolding or marking tickets guilty of a misde¬ 
meanor. 

Forging or altering returns a felony. 

Adding to or substracting from votes given a felony. 

Persons aiding and abetting or concealing guilty of felony. 

Intimidating, corrupting, deceiving, or defrauding electors, 
a misdemeanor. 

Furnishing money for elections, except for specified pur¬ 
poses. 

Unlawful offers to procure offices for electors. 

Communicating such offer. 

Bribing or offering to bribe members of legislative caucuses, 
etc. 

Preventing public meetings. 

Disturbance of public meetings, misdemeanor. 

Betting on elections. 

Violation of election laws by persons not officers. 


Sec. 41. Every person charged with the performance 
of anv duty under the provisions of any law of this State 
relating to elections who willfully neglects or refuses to per- 


Violation 
of election 
laws by 
certain 
officers a 
felony. 



56 


PENAL CODE. 


Fraudulent 
registration 
a felony. 


Refusal to 
be sworn 
by or to 
answer 
questions of 
Board of 
Judges of 
Election a 
misde¬ 
meanor. 


Refusal to 
obey 

summons 
of Board of 
Registra¬ 
tion a mis¬ 
demeanor. 


Voting 

without 

being 

qualified, 

voting 

twice, and 

other 

election 

frauds, 

felonies. 


form it, or who in his official capacity knowingly and fraud¬ 
ulently acts in contravention or violation of any of the pro¬ 
visions of such laws, is, unless a different punishment for such 
act or omission is prescribed by this Code, punishable by fine 
not exceeding one thousand dollars, or by imprisonment 
in the State Prison not exceeding five years, or by both. 

Sec. 42. Every person who willfully causes, procures, 
or allows himself to be registered in the Great Register 
of any county, knowing himself not to be entitled to 
such registration, is punishable by fine not exceeding one 
thousand dollars, or by imprisonment in the County Jail 
or State Prison not exceeding one year, or by both. In 
all cases where, on the trial of a person charged with 
any offense under the provisions of this section, it appears 
in evidence that the accused stands registered in the Great 
Register of any county without being qualified for such 
registration, the Court must order such registration to be 
canceled. 

Stats. 1866, p. 299, Sec. 34. 

Sec. 43. Every person who, after being required by 
the Board of Judges at any election, refuses to be sworn, 
or who, after being sworn, refuses to answer any perti¬ 
nent question propounded by such Board, touching his right 
or the right of any other person to vote, is guilty of a 
misdemeanor. 

Stats. 1866, p. 511, Sec. 5. 

Sec. 44. Every person summoned to appear and testify 
before any Board of Registration, who willfully disobeys 
such summons, is guilty of a misdemeanor. 

Stats. 1868, p. 652, Sec. 15. 

Sec. 45. Every person not entitled to vote, who fraudu¬ 
lently votes, and every person who votes more than once at 
any one election, or knowingly hands in two or more tickets 
folded together, or changes any ballot after the same has 
been deposited in the ballot box, or adds, or attempts to add, 
any ballot to those legally polled at any election, either by 


OF CRIMES AGAINST THE ELECTIVE FRANCHISE. 


57 


fraudulently introducing the same into the ballot box before 
or after the ballots therein have been counted, or adds to or 
mixes with, or attempts to add to or mix with, the ballots 
lawfully polled, other ballots, while the same are being 
counted or canvassed, or at any other time, with intent to 
change the result of such election, or carries away or de¬ 
stroys, or attempts to carry away or destroy, any poll list, or 
ballots, or ballot box, for the purpose of breaking up or in¬ 
validating such election, or willfully detains, mutilates, or de¬ 
stroys any election returns, or in any manner so interferes 
with the officers holding such election or conducting such 
canvass, or with the voters lawfully exercising their rights of 
voting at such election, as to prevent such election or can¬ 
vass from being fairly held and lawfully conducted, is guilty 
of felony. 

Stats. 1855, p. 296, Sec. 1 ; 1858, p. 165, Sec. 1. 

Sec. 46. Every person not entitled to vote, who fraudu¬ 
lently attempts to vote, or who, being entitled to vote, at¬ 
tempts to vote more than once at any election, is guilty of a 
misdemeanor. 

Stats. 1850, p. Ill, Sec. 101. 

Sec. 47. Every person who procures, aids, assists, coun¬ 
sels, or advises another to give or offer his vote at any elec¬ 
tion, knowing that the person is not qualified to vote, is guilty 
of a misdemeanor. 

Stats. 1866, p. 511, Sec. 8. 

Sec. 48. Every officer or Clerk of Election who aids in 
changing or destroying any poll list, or in placing any ballots 
in the ballot box, or in taking any therefrom, or adds, or at¬ 
tempts to add, any ballots to those legally polled at such 
election, either by fraudulently introducing the same into the 
ballot box before or after the ballots therein have been 
counted, or adds to or mixes with, or attempts to add to or 
mix with, the ballots polled, any other ballots, while the same 
are being counted or canvassed, or at any other time, with 
intent to change the result of such election, or allows another 
to do so when in his power to prevent it, or carries away or 


Attempting 
to vote 
without 
being 
qualified. 


Procuring 
illegal 
voting a 
misde¬ 
meanor. 


Changing 

ballots, or 

altering 

returns by 

election 

officers, 

felonies. 


58 


PENAL CODE. 


Same. 


Inspectors 
unfolding, 
or marking 
tickets, 
guilty of a 
misde¬ 
meanor. 


Forging or 
altering 
returns a 
felony. 


Adding to or 
subtracting 
from votes 
given, a 
felony. 


destroys, or knowingly allows another to carry away or de¬ 
stroy any poll list, ballot box, or ballots lawfully polled, is 
punishable by imprisonment in the State Prison for not less 
than two nor more than seven years. 

Stats. 1858, p. 165, Sec. 2. 

Sec. 49. Every Inspector, Judge, or Clerk of an elec¬ 
tion who, previous to putting the ballot of an elector in the 
ballot box, attempts to find out any name on such ballot, or 
who opens, or suffers the folded ballot of any elector which 
has been handed in to be opened or examined previous to put¬ 
ting the same into the ballot box, or who makes or places any 
mark or device on any folded ballot with the view to ascer¬ 
tain the name of any person for whom the elector has voted, 
or who, without the consent of the elector, discloses the name 
of any person which such Inspector, Judge, or Clerk has 
fraudulently or illegally discovered to have been voted for by 
such elector, is punishable by fine, not less than fifty nor 
more than five hundred dollars. 

Stats. 1863, p. 398, Sec. 1. 

Sec. 50. Every person who forges or counterfeits re¬ 
turns of an election purporting to have been held at a pre¬ 
cinct, town, or ward where no election w r as in fact held, or 
willfully substitutes forged or counterfeit returns of election 
in the place of the true returns, for a precinct, town, or w r ard 
where an election was actually held, is punishable by impris¬ 
onment in the State Prison for a term not less than two nor 
more than ten years. 

. Stats. 1863, p. 399, Sec. 1. 

Sec. 51. Every person who willfully adds to or subtracts 
from the votes actually cast at an election, in any returns, or 
who alters such returns, is punishable by imprisonment in the 
State Prison for not less than one nor more than five years. 

Stats. 1863, p. 399, Sec. 1. 


Persons 
aiding and 
abetting, or 
concealing, 
guilty of 
felony. 


Sec. 52. Every person who aids or abets in the commis¬ 
sion of any of the offenses mentioned in the four preceding 
sections, or who, being present at or cognizant of the commis- 


OF CRIMES AGAINST THE ELECTIVE FRANCHISE. 


59 


sion of either of such offenses, does not give information 
thereof as soon as practicable to the District Attorney or 
Grand Jury of the proper county, or to some Justice of the 
Peace of such county, is punishable by imprisonment in the 
County Jail for the period of six months, or in the State Pris¬ 
on not exceeding two years. 

Stats. 1803, p. 399, Sec. 1. 

Sec. 53. Every person who, by force, threats, menaces, 
bribery, or any corrupt means, either directly or indirectly 
attempts to influence any elector in giving his vote, or to de¬ 
ter him from giving the same, or attempts by any means 
whatever to awe, restrain, hinder, or disturb any elector in the 
free exercise of the right of suffrage, or furnishes any elector 
wishing to vote, who cannot read, with a ticket, informing or 
giving such elector to understand that it contains a name 
■written or printed thereon different from the name which is 
written or printed thereon, or defrauds any elector at any 
such election, by deceiving and causing such elector to vote 
for a different person for any office than he intended or de¬ 
sired to vote for; or who, being Inspector, Judge, or Clerk 
of any election, while acting as such, induces, or attempts to 
induce, any elector, either by menace or reward, or promise 
thereof to vote differently from what such elector intended or 
desired to vote, is guilty of a misdemeanor. 

State. 1850, p. 110, Sec. 98. 

Sec. 54. Every person who, with intent to promote the 
election of himself, or any other person, either : 

1. Furnishes entertainment at his expense to any meeting 
of electors previous to or during an election ; 

2. Pays for, procures, or engages to pay for any such 
entertainment; 

3. Furnishes or engages to pay or deliver any money or 
property for the purpose of procuring the attendance of voters 
at the polls, or for the purpose of compensating any person 
for procuring attendance of voters at the polls, except for the 
conveyance of voters who are sick or infirm ; 


Same. 


Intimidat¬ 

ing, 

corrupting, 

deceiving, 

or 

defrauding 
electors, a 
misde¬ 
meanor. 


Furnishing 
money for 
elections, 
except for 
specified 
purposes. 


60 


PENAL CODE. 



Unlawful 
offers to 
procure 
offices for 
electors. 


Communi¬ 
cating such 
offer. 


Bribing or 
offering to 
bribe 

members of 
legislative 
caucuses, 
etc. 


Preventing 

public 

meetings. 


Disturb¬ 
ance of 
public 
meetings, 
misde¬ 
meanor. 


4. Furnishes or engages to pay or deliver any money or 
property for any purpose intended to promote the election of 
any candidate, except for the expenses of holding and con¬ 
ducting public meetings for the discussion of public questions, 
and of printing and circulating ballots, handbills, and other 
papers previous to such election; 

Is guilty of a misdemeanor. 

Sec. 55. Every person who, being a candidate at any 
election, offers or agrees to appoint or procure the appoint¬ 
ment of any particular person to office as an inducement or 
consideration to any person to vote for, or procure or aid in 
procuring the election of such candidate, is guilty of a mis¬ 
demeanor. 

Sec. 56. Every person, not being a candidate, who com¬ 
municates any offer made in violation of the last section to 
any person, with intent to induce him to vote for or to pro¬ 
cure or aid in procuring the election of the candidate making 
the offer, is guilty of a misdemeanor. 

Sec. 57. Every person who gives or offers a bribe to 
any officer or member of any legislative caucus, political 
convention, committee, primary election, or political gather¬ 
ing of any kind, held for the purpose of nominating can¬ 
didates for offices of honor, trust, or profit in this State, 
with intent to influence the person to whom such bribe 
is given or offered to be more favorable to one candidate 
than to another, and every person, member of either of the 
bodies in this section mentioned, who receives or offers to re¬ 
ceive any such bribe, is punishable by imprisonment in the 
State Prison not less than one nor more than fourteen years. 

Sec. 58. Every person who by threats, intimidations, or 
unlawful violence, willfully hinders or prevents electors from 
assembling in public meeting for the consideration of public 
questions, is guilty of a misdemeanor. 

Sec. 59. Every person who willfully disturbs or breaks 
up any public meeting of electors or others, lawfully being 
held for the purpose of considering public questions, is guilty 
of a misdemeanor. 


OF CRIMES AGAINST THE ELECTIVE FRANCHISE. 


61 


Sec. 60. Every person who makes, offers, or accepts any 
bet or wager upon the result of any election, or upon the 
success or failure of any person or candidate, or upon the 
number of votes to be cast either in the aggregate or for any 
particular candidate, or upon the vote to be cast by any 
person, is guilty of a misdemeanor. 

Sec. 61. Every person who willfully violates any of the 
provisions of the laws of this State relating to elections, is, 
unless a different punishment for such violation is prescribed 
by this Code, punishable by fine not exceeding one thousand 
dollars, or by imprisonment in the State Prison not exceeding 
five years, or by both. 


Betting on 
elections. 


Violation 
of election 
laws by- 
persons not 
officers. 






AN ACT 


CERTAIN PARTS OF THE CODES. 

[Approved March 22 , 1872 .] 

Section 1. Parts of codes put into effect. 

2. Time. 

3. Same. 

4. Construction. 

5. Primary evidence. 

6. County clerk. 

7. Publication. 

Stats. J 871-2, p. 481. 

Section 1. The whole of Chapters I, II, and VII, and cSdesput 
all of Chapter III, except Articles XIII, XVI and XIX, of intoeffect 
Title I, Part III; the whole of Title II, Part III; the whole 
of Title I, Part IV; and sections seven hundred and fifty- 
one, seven-hundred and fifty-two, seven hundred and fifty- 
three, seven hundred and fifty-four, seven hundred and 
fifty-five, and seven hundred and fifty-six of the Political 
Code of the State of California, approved March twelfth, 
eighteen hundred and seventy-two, shall be in force and 
effect from and after twelve o’clock noon of the first day of 
May, eighteen hundred and seventy-two. 

Sec. 2. The whole of Titles IV, V and VI of Part I, Time - 
and sections one hundred and thirteen, one hundred and 
fourteen, and one hundred and fifteen of the Penal Code of 
California, approved February fourteenth, eighteen hundred 
and seventy-two, shall be in force and effect from and after 
twelve o’clock noon of the first day of May, eighteen hun¬ 
dred and seventy-two. 

Sec. 3. Every provision of the Political Code and of Same * 
the Penal Code which explains, defines, construes, or gives 


64 


PARTS OF CODES NOW IN EFFECT. 


Construc¬ 

tion. 


Primary 

evidence. 


County 

Clerk. 


Publication, 


force and effect to the provisions of the titles, chapters, or 
sections above referred to, shall, so far as may be required 
to carry into force and effect such provisions, to that extent 
be in force and effect from and after twelve o’clock noon of 
the first day of May, eighteen hundred and seventy-two. 

Sec. 4. The titles, chapters and sections in sections one 
and two of this Act referred to, must be read, construed, 
and enforced in the same manner and with like effect as they 
would be if every part of the Political Code and Penal Code 
took effect at the time specified in the preceding section. 

Sec. 5. The phrase “ Primary Evidence,” as used in 
the Political and Penal Codes, means that evidence which 
suffices for the proof of a particular fact until contradicted 
and overcome by other evidence. 

Sec. 6. In addition to the duties prescribed by section 
eleven hundred and thirteen of the Political Code, each 
County Clerk must, before the fifth day of October, eighteen 
hundred and seventy-two, make out a copy of the uncanceled 
entries existing on the Great Register of his county on the 
first day of October, eighteen hundred and seventy-two. 

Sec. 7. The copy so made out must be published and 
distributed as provided in sections eleven hundred and four¬ 
teen, eleven hundred and fifteen, and eleven hundred and 
sixteen of the Political Code, and shall in all respects have 
like force and effect as will the copy made as provided in 
section eleven hundred and thirteen of such Code. 

* * * * * * * 

Sec. 39. This Act shall be in force from and after its 
passage. 


TITLE II, OF PART III, 

OF THE 

CODE OF CIVIL PROCEDURE. 


OF CONTESTING CERTAIN ELECTIONS. 

« • 


Section 1111. 

1112 . 

1113. 

1114. 

1115. 

1116. 


1117. 

1118. 

1119. 

1120. 
1121. 
1122. 

1123. 

1124. 

1125. 

1126. 
1127. 


Who may contest, and grounds of contest. 

Irregularity and improper conduct of judges, when to annul 
elections. 

When not to. 

Illegal votes, when not to vitiate election. 

Proceedings on contest. 

Statement of cause of contest. When based on reception of 
illegal votes, contestant to deliver to respondent a list of 
votes claimed to be illegal. 

Statement of cause of contest ; want of form not to vitiate. 
County judge to hold special term for trial of contest. 

Clerk to issue citation to respondent. 

Witnesses—attendance of, how enforced. 

Power of court. Adjournment of court. 

Rules to govern court in trial of contest. 

Court may declare who was elected. 

Fees of officers and witnesses. 

Cost8. 

Appeal. 

When election void and office vacant. 


Section 1111. Any elector of the county may contest the 
right of any person declared elected to an office to be exer¬ 
cised in and for such county ; and, also, any elector of a 
township may contest the right of any person declared 
elected to any office in and for such township, for any of the 
following causes : 

1. For malconduct on the part of the board of judges, or 
any member thereof. 

2. When the person whose right to the office is contested 
was not, at the time of the election, eligible to such office. 

ELECTION LAWS. £ 


Who may 
contest and 
grounds of 
contest. 



66 


CODE OF CIVIL PROCEDURE. 


Irregularity 
and impro¬ 
per conduct 
of judges, 
when to an¬ 
nul elec¬ 
tions. 


When not 
to. 


Illegal 
votes, when 
not to viti¬ 
ate election. 


Proceedings 
on contest. 


3. When the person whose right is contested has given to 
any elector or inspector, judge or clerk of the election, any 
bribe or reward, or has offered any such bribe or reward for 
the purpose of procuring his election, or has committed any 
other offense against the elective franchise defined in Title 
IV, Part I, of the Penal Code. 

4. On account of illegal votes. 

Stat. 1750, 101, $51. 

Sec. 1112. No irregularity or improper conduct in the 
proceedings of the judges, or any of them, is such mal- 
conduct as avoids an election, unless the irregularity or 
improper conduct is such as to procure the person whose 
right to the office is contested to be declared elected when he 
had not received the highest number of legal votes. 

Stat. 1850, 101, $52, substantially the same. 

Sec. 1113. When any election held for &n office exer¬ 
cised in and for a county is contested on account of any 
malconduct on the part of the board of judges of any town¬ 
ship election, or any member thereof, the election cannot be 
annulled and set aside upon any proof thereof, unless the 
rejection of the vote of such township or townships would 
change the result as to such office in the remaining vote of 
the county. 

Stat. 1850, 101, $53. 

Sec. 1114. Nothing in the fourth ground of contest, 
specified in section eleven hundred and eleven, is to be so 
construed as to authorize an election to be set aside on ac¬ 
count of illegal votes, unless it appear that a number of 
illegal votes has been given to the person whose right to the 
office is contested, which, if taken from him, would reduce 
the number of his legal votes below the number of votes 
given to some other person for the same office, after deduct¬ 
ing therefrom the illegal votes which may be shown to have 
been given to such other person. 

Stat. 1850, 101, $54. 

Sec. 1115. When an elector contests the right of any 
person declared elected to such office, he must within forty 


CONTESTING ELECTIONS. 


67 


days after the return day of the election, file with the county 
clerk a written statement, setting forth specifically: 

1. The name of the party contesting such election, and 
that he is an elector of the district, county or township, as 
the case may be, in which such election was held. 

2. The name of the person whose right to the office is 
contested. 

3. The office. 

4. The particular grounds of such contest. 

Which statement must be verified by the affidavit of the 
contesting party, that the matters and things therein con¬ 
tained are true. 

Stat. 1851, 182, $10, substantially the same. 

Sec. 1116. When the reception of illegal votes is al¬ 
leged as a cause of contest, it is sufficient to state generally 
that in one or more specified townships illegal votes were 
given to the person whose election is contested, which, if 
taken from him, will reduce the number of his legal votes 
below the number of legal votes given to some other person 
for the same office; but no testimony can be received of any 
illegal votes, unless the party contesting such election deliver 
to the opposite party, at least three days before such trial, a 
written list of the number of illegal votes, and by whom 
given, which he intends to prove on such trial; and no testi¬ 
mony can be received of any illegal votes except such as are 
specified in such lists. 

Stat. 1850, 101, $57, substantially the same. 

Sec. 1117. No statement of the grounds of contest will 
be rejected, nor the proceedings dismissed by any court for 
want of form, if the- grounds of contest are alleged with 
such certainty as will advise the defendant of the particular 
proceeding or cause for which such election is contested. 

Stat. 1850. 101, $ 58, substantially the same. 

Sec. 1118. Upon the statement being filed, the county 
clerk must inform the judge of the county court, who must 
give notice and order a special term of court to be held at 


Statement 
of cause of 
contest. 
When based 
on reception 
of illegal 
votes, con¬ 
testant to 
deliver to 
respondent 
a list of 
votes 
claimed to 
be illegal. 


Statement 
of cause of 
contest; 
want of 
form not to 
vitiate. 


County 
judge to 
hold special 
term for 
trial of 
contest. 


68 


CODE OF CIVIL PROCEDURE. 


Clerk to 
issue cita¬ 
tion to re¬ 
spondent. 


Witnesses— 
attendance 
of, how 
enforced. 


Power of 
court. Ad¬ 
journment 
of court. 


Rules to 
govern 
court in 
trial of 
contest. 


the court house of the proper county, on some day to be 
named by him, not less than ten nor more than twenty days 
from the date of such notice, to hear and determine such 
contested election. 

Stat. 1855, 161, $8. 

Sec. 1119. The clerk must also, at the same time, issue 
a citation for the person whose right to the office is contested, 
to appear at the time and place specified in the notice, which 
citation must be delivered to the sheriff and be served upon 
the party in person, or, if he cannot be found, by leaving a 
copy thereof at the house where he last resided. 

Stat.. 1850, 101, $ 60. 

Sec. 1120. The clerk must issue subpoenas for witnesses 
at the request of either party, which must be served as other 
subpoenas; and the county court has full power to issue at¬ 
tachments to compel the attendance of witnesses who have 
been subpoenaed to attend. 

Stat. 1855, 161, §9, substantially the same. 

Sec. 1121. The court must meet at the time and place 
designated, to determine such contested election, and shall 
have all the powers necessary to the determination thereof. 
It may adjourn from day to day until such trial is ended, and 
may also continue the trial, before its commencement, for any 
time not exceeding twenty days, for good cause shown by 
either party upon affidavit, at the costs of the party applying 
for such continuance. 

Stat. 1850, 101, §62. 

Sec. 1122. The court must be governed, in the trial and 
determination of such contested election, by the rules of law 
and evidence governing the determination of questions of law 
and fact, so far as the same may be applicable; and may 
dismiss the proceedings if the statement of the cause or 
causes of the contest is insufficient, or for want of prosecu¬ 
tion. After hearing the proofs and allegations of the parties,* 
the court must pronounce judgment in the premises, either 
confirming or annulling and setting aside such election. 

Stat. 1850, 101, §63. 


CONTESTING ELECTIONS. 


69 


Sec. 1123. If in any such case it appears that another 
person than the one returned has the highest number of legal 
votes, the court must declare such person elected. 

Stat, 1850,101, $ 64. 

Sec. 1124. The clerk, sheriff and witnesses shall receive, 
respectively, the same fees, from the party against whom 
judgment is given, as are allowed for similar services in the 
district court. 

Stat. 1850,101, $65. 

Sec. 1125. If the proceedings are dismissed for insuffi¬ 
ciency, or want of prosecution, or the election is by the court 
confirmed, judgment must be rendered against the party con¬ 
testing such election, for costs, in favor of the party whose 
election was contested; but if the election is annulled and 
set aside, judgment for costs must be rendered against the 
party whose election was contested, in favor of the party 
contesting the same. Primarily , each party is liable for the 
costs created by himself, to the officers and witnesses entitled 
thereto, which may be collected in the same manner as simi¬ 
lar costs are collected in the district court. 

Stat, 1850,101, 66, 67, 68. 

Sec. 1126. Either party, aggrieved by the judgment of 
the court, may appeal therefrom to the supreme court, as in 
other cases of appeal thereto from the county court. 

Stat. 1855, 161, $ 10. 

Sec. 1127. Whenever an election is annulled or set 
aside by the judgment of the county court, and ten days has 
elapsed and no appeal has been taken, the commission, if any 
has issued, is void and the office vacant. 

Stat. 1855, 161, $ 11, substantially the same. 


Court may 
declare who 
was elected. 


Fees of 
officers and 
witnesses. 


Costs. 


Appeal. 


When 
election 
void and 
office 
vacant. 



INDEX 


ACT—Putting in effect parts of Code.p. 63 $$ 1-7 

ACTION, against County Clerk for refusal to register.p. 24 $ 1108 

Parties to action...p. 24 $ 1110 

For refusal to cancel entry.p. 24 § 1109 

Parties defendant in. p, 24 $ 1111 

Costs to be recovered, when.p. 25 $ 1112 

AFFIDAVIT, to be made to Assessor.p. 23 $ 1103 

APPEAL, from judgment in action on election contest.p. 69 $ 1126 

APPOINTMENT, of Boards of Election.p. 27 § 1142 

Of same by electors, when.p. 27 § 1144 

Of clerks of same, how made.p. 28 $ 1147 

ARREST, electors, when privileged from.p. 20 $ 1069 

ASSESSORS, must keep roll of electors.p. 23 $ 1098 

What enrollment must show.p. 23 $ 1099 

Must endorse certificate.p. 23 $ 1100 

Must make monthly returns.p. 23 $ 1101 

BALLOT BOX, to be exhibited at polls.p. 28 $ 1162 

BALLOTS.—See Tickets and Ballots. 

BETTING, on elections, a misdemeanor.p. 61 $ 60 

BLANKS, Supervisors to furnish.p. 20 $ 1073 

BOARDS OF ELECTION, how appointed..p. 27 $1142 

Judges not to be of same party.p. 27 $ 1443 

When appointed by electors. p. 27 $ 1144 

Organization of—powers of inspector.p. 27 $ 1145 

Judges and Clerks may administer oath.p. 28 $ 1146 

Clerks of. p. 28 $ 1147 

Board and Clerks to be sworn.p. 28 $ 1148 

To post copies of Great Register.p.28 $ 1149 

Copies not to be torn or defaced.p. 28 $ 1150 

May take recess of one hour.p. 28 $ 1161 

To proclaim opening of polls.p. 29 $ 1163 

To proclaim closing of polls.p. 29 $ 1164 

Rules for determining residence.p. 38 $1239 

When to issue Certificate of Primary Election.p. 53 $ 1363 




































72 


INDEX. 


BOARDS OF ELECTION, Refusal to be sworn by or answer 


questions to, a misdemeanor.p. 56 $ 43 

Misconduct of Judges, which avoids an election.p. 66 $ 1112 

BOARD OF REGISTRATION, refusal to obey summons of, a 

misdemeanor.p. 56 $ 44 

BOUNDARIES, of precincts, how established.p. 26 $ 1127 

May be changed.p. 56 $ 1129 

BRIBERY—bribing or offering to bribe members of Legislative 

caucuses, a felony.p. 60 § 57 

CANCELLATION, of Entry on Great Register.p. 24 $ 1105 

When Entry to be canceled.p. 24 $ 1106 

Action lies to compel. p. 24 $ 1108 

Parties to action. p. 25 § 1111 

Necessary before registration elsewhere.p. 23 $ 1104 

CANVASSING AND RETURNING VOTES — Canvass to be 

public and without adjournment.p. 40 $ 1252 

Canvass, how commenced.p. 41 $ 1253 

Ballots to be made to agree with names on list.p. 41 $ 1254 

Counting the votes.p. 41 § 1257 

Tallies...p. 41 $1258 

Tickets to be strung and inclosed in sealed envelopes-p. 42 $ 1259 

Return lists.p. 42 $ 1260 

Certain papers to be sealed up.p. 42 $ 1261 

Inspector to keep certain papers.p. 42 $ 1262 

Return and ballots to whom delivered.p. 42 $ 1263 

Member of Board to deliver to County Clerk.p. 42 $ 1264 

Clerk to keep ballots unopened.p. 42 $ 1265 

Package of ballots, when may be destroyed.p. 43 $ 1266 

Returns to be delivered to Supervisors.p. 43 $ 1267 

Copy of Register to be filed in Clerk’s office.p. 43 $ 1268 

Adding to or subtracting from Votes given, a felony.p. 58 $ 51 

CANVASS OF RETURNS—Meeting of Supervisors for.p. 44 $ 1278 

Postponement .p. 44 $ 1280 

Canvass, how made. p. 44 $ 1281 

Statement to be entered of record.p. 44 $1282 

Declaration of result. p. 45 $ 1283 

Certificate issued by County Clerk. p. 45 $ 1284 

District Returns, how made up.p. 45 $ 1285 

How transmitted. p. 45 $ 1286 

Duty of Clerk receiving District Returns .p. 45 $ 1287 

State Returns, how made. p. 45 $ 1288 

How transmitted. p. 46 $ 1289 

Duty of Secretary of State. p. 46 $ 1290 








































INDEX. 


73 

CANVASS OF RETURNS—Commissions issued by Governor, .p. 46 $ 1219 

Returns of election for Governor and Lieut. Governor_p. 46 $ 1292 

How transmitted. p. 45 $ 1286 

Canvass of returns of election for Governor.p. 47 $ 1296 

Defects in forms of returns, when disregarded .p. 47 $ 1297 

CERTIFICATE of Registration to be given by Clerk.p. 24 $ 1107 

Of Election to be issued by Clerk. p. 45 § 1384 

Of Election by Board of Judges. p. 53 $ 1363 

Of Election of Members of Congress.p. 51 $ 1347 

Of Board of Judges at Primary Elections.p. 53 $ 1363 

When issued by Committee on Primary Election.p. 53 § 1364 

CHALLENGE—Grounds of.p. 36 $ 1230 

For want of Identity.p. 37 $ 1231 

For non-Residence in State.p. 37 $ 1232 

For non-Resideuce in Precinct. p. 37 $ 1233 

For having before voted.p. 38 $ 1234 

For conviction for Felony. p. 38 § 1235 

How determined. p. 38 $1236 

Proceedings in determination of.p. 40 $ 1242 

List, to be kept.p. 40 $ 1243 

Refusal to be sworn or answer questions a misdemeanor..p. 56 $ 43 

At Primary Elections.p. 53 $ 1360 

None but qualified voters to participate.p. 53 $ 1361 

CITATION — To issue in contest of Election .p. 68 $ 1119 

CLERK OF ELECTION—By whom appointed.p. 28 $ 1147 

To be sworn.p. 28 $ 1148 

May administer oath. p. 28 $ 1146 

To keep tallies of votes.p. 41 $ 1258 

On District Returns, Etc.p. 45 $ 1287 

CLERK—See County Clerk. 

CLERK OF SUPERVISORS—Duty on Canvass of Returns-p. 44 $ 1282 

CODE—Certain parts put into effect.p. 63 $$ 1-7 

COMMISSIONS, to be issued by Governor.p. 46 $ 1291 

Void on election, annulled or set aside.p. 69 $ 1127 

COMPENSATION of Officers of Election, how Audited.p. 20 $ 1072 

Of messenger with Presidential Election Returns.p. 48 $ 1312 

Of Presidential Electors.p. 49 $ 1421 

How audited and paid. p. 49 $ 1322 

CONTESTING ELECTION—Who may contest, and grounds of. p. 65 $ 1111 

Irregularity and misconduct of Judges. When to annul 

Elections.p. 66 $ 1112 

When not to.p. 66 $ 1113 

Illegal votes, when not to vitiate Election.p. 66 $ 1114 






































74 


INDEX. 


CONTESTING ELECTION—Proceedings on Contest.p. 66 $ 1115 

Statement of causes of Contest.p. 67 § 1116 

Same, on reception of Illegal Votes.p. 67 $ 1117 

Same, want of form not to vitiate. p. 67 § 1117 

County Judge to hold special Term for Trial.p. 67 § 1118 

Clerk to issue citation to Respondent.p. 68 § 1119 

Witnesses attendance, how enforced.p. 68 § 1120 

Power of Court, Adjournment.p. 68 § 1121 

Rules to govern Trial.p. 68 $ 1122 

Court may declare who was Elected.p. 69 § 1123 

Fees of Officers and Witnesses.p. 69 § 1124 

Costs.p. 69 §1125 

Appeal.p. 69 § 1126 

When Election void, and office vacant.p. 69 § 1127 

CONVICT, disqualified from voting.p. 21 § 1084 

COSTS, When allowed in action against County Clerk .p. 25 § 1112 

In Action on Election contest.p. 69 § 1125 

Who liable for. p. 69 § 1125 

COUNTY CLERK, to keep Great Register.p. 21 § 1094 

Must enter names therein. p. 22 § 1095 

Rules governing entry.p. 22 § 1097 

Duty relative to proof. p. 22 § 1100 

Duty, on returns made by Assessor.p. 23 § 1102 

Must file Affidavits.p. 23 § 1103 

When to cancel entry. p. 24 § 1106 

Must give certificate of Registration .p. 24 § 1107 

Actions against. p. 24 § 1108 

Costs in Action. p. 25 § 1112 

Must make copy of Register. p. 25 § 1113 

Copies of uncanceled entries, when to be made.p. 64 § 6 

Great Register to be printed. p. 25 § 1115 

Must distribute printed copies. p, 25 § 1116 

To keep ballots returned, unopened.p. 42 § 1265 

When to open and when to destroy. p. 43 § 1266 

To deliver returns to Supervisors.p. 43 § 1267 

To file copy of Register returned. p. 43 § 1268 

To issue certificate of Election.p. 45 § 1284 

Duty on receiving District Returns.p. 45 § 1287 

Duty on receiving State Returns. p. 46 § 1289 

Duty on returns of Election of Governor. p . 46 § 1293 

Duty on returns of Presidential Electors .p. 48 § 1308 

May employ messenger .p. 48 § 1310 

To issue subpoenas on Election contest.p. 68 § 1120 













































INDEX. 


75 

COUNTY CLERK, to issue citation to defendant.p. 68 $ 1119 

COUNTY COURT, when to meet on Election Contest,.p. 68 $ 1121 

Power to determine Contest,.p. 68 § 1121 

Rules to Govern.p. 68 $ 1122 

Judgment.p. 68 $ 1122 

CRIMES AGAINST THE ELECTIVE FRANCHISE—Violation of 

Election Laws by officers, a felony.p. 55 $ 41 

Fraudulent Registration, a felony.p. 56 $ 42 

Refusal to be sworn by, or answer question to Board of 

Judges, a misdemeanor.p. 56 § 43 

Refusal to obey summons of Board of Registration, a misde¬ 
meanor.p. 56 § 44 

Voting without qualification, voting twice, &c., felonies..p. 56 $ 45 

Attempting to vote without being qualified...p. 57 $ 46 

Procuring illegal voting, a misdemeanor.p. 57 $ 47 

Changing ballots or altering returns, felonies.p. 57 $ 48 

Inspector unfolding or marking tickets, a misdemeanor ...p. 58 § 49 

Forging or altering returns, a felony.p. 58 $ 50 

Adding to or subtracting from votes, a felony.p. 58 $ 51 

Aiding or abetting or concealing guilt, a felony.p. 58 § 52 

Intimidating, corrupting, deceiving, or defrauding electors, a 

misdemeanor.p. 59 $ 53 

Furnishing money for election purposes.p. 59 $ 54 

Unlawful offers to procure offices for electors.p. 60 $ 55 

Communicating such offers.p. 60 $ 56 

Bribing or offering to bribe Legislative Caucuses.p. 60 $ 57 

Preventing public meetings.p. 60 $ 58 

Disturbing public meetings.p. 60 $ 59 

Betting on elections.p. 61 $ 60 

Violation of laws, by persons not officers.p. 61 $ 61 

DEFINITIONS—Tickets, what are.p. 31 $ 1185 

Ballot, what is.p. 31 $ 1186 

Felonies and misdemeanors ..p. 54 $ 17 

Primary evidence.p. 64 § 5 

DISTRIBUTION of printed copies of Register.p. 25 $ 1116 

DISTRICT RETURNS, how made up.p. 45 $ 1285 

How transmitted.p. 45 $ 1286 

Duty of Clerk in relation to.p. 45 $ 1287 

ELECTION, time of holding General, Judicial and Special.p. 18 $ 1041 

Precincts.p. 26 § 1127 

of United States Senators.p. 50, $ 1332, 1333 

of Representatives to Congress.p. 50 $ 1343 

Frauds at, are felonies.p. 56 $ 45 







































76 


INDEX. 


ELECTION—Furnishing money for, a misdemeanor.p. 59 $ 54 

Betting on, a misdemeanor.p. 61 $ 60 

When may be annulled or set aside.p. 66, $ 1119, 1114 

ELECTION PRECINCTS, Supervisors to establish. p. 26 $ 1127 

Boundaries to be defined.p. 26 $ 1128 

Board may alter. p. 26 $ 1129 

Limitation on powers given.p. 26 $ 1130 

Place in, for holding election. p. 26 $ 1131 

If not designated, how appointed.p, 27 $ 1132 

ELECTORS privileged from arrest..p. 20 § 1069 

Exempt from militia duty .p. 20 $ 1070 

Qualification and disabilities of.p. 21, $ 1083, 1084 

Registration of.p. 22, § 1094—1117 

Presidential, when chosen.p. 47 $ 1307 

Meeting of.p. 49 $ 1315 

Vacancies in, bow supplied.p. 49 $ 1316 

Voting by, and Returns.p. 49 § 1317 

Separate ballots to be cast.p. 49 $ 1318 

Must make lists of persons voted for.p. 49 $ 1319 

Who may vote at primary elections.p. 53 $ 1361 

Intimidating, corrupting, deceiving, or defrauding, a misde¬ 
meanor .p. 59 $ 53 

May contest election .p, 65 $1111 

Proceedings necessary .p. 66 $ 1115 

ENROLLMENT on Assessors’ list.p. 23 $ 1098 

EVIDENCE—Certified Copy of Entry in Register, to be.p. 26 $ 1117 

Proof necessary to employ Messenger.p. 48 $ 1311 

Force and effect of printed copy of Register.p. 64 $ 7 

Primary Evidence defined.p. 64 $ 5 

EXEMPTION—Electors exempt from militia duty.p. 20 $ 1070 

FEES—None to be charged for registration.p. 20 $ 1017 

In cases of election contest.p. 69 $ 1124 

FELONY, Defined.p. 54 $ 17 

Punishment fori.p. 54 $ 18 

Refusal of officer to perform duty, a felony.p. 55 $ 41 

Fraudulent Registration .p. 56 $ 42 

Voting being disqualified, voting twice, &c.p. 56 $ 45 

Officers changing ballots or altering returns.p. 57 $ 48 

Forging or altering returns. .. p. 58 $ 50 

Adding to or subtracting from notes given. p. 50 $ 51 

Aiding and abetting or concealing guilt.p. 58 $ 52 

Bribing or offering to bribe members of Legislative cau¬ 
cuses. p. 60 $ 57 











































INDEX. 


77 

FELONY—Violation of laws by other than officers.p. 61 § 61 

FORM of poll list.. 29 ^ 1474 

of Ballott.. 32 $ 1191 

FRAL^DS AT ELECTION.—See Crimes against Elective Franchise. 

GENERAL ELECTION, when to he held. p. 18 $ 1041 

Proclamation of .p. 18 $ 1053 

GOVERNOR to issue Proclamation of Election .p. 19 $ 1054 

To issue Commissions.p. 46 $ 1291 

Returns on Election of. p. 46 $ 1292 

How transmitted. p. 46 $ 1293 

Canvass of Returns. p. 47 $ 1296 

Duty in relation to returns of Presidential Electors.p. 49 $ 1314 

To issue Certificate of Election to Members of Cougress.-p. 51 § 1347 

GREAT REGISTER to be kept. p. 21 $ 1094 

Names to be entered in. p. 22 $ 1095 

What entry must show. p. 22 $ 1096 

Rules for governing Entry.p. 22 $ 1097 

Assessors' Roll of Electors. p. 23 $ 1068 

What enrollment must show. p. 23 $ 1099 

Duty of Clerk as to proofs.p. 23 $ 1192 

Assessor to make monthly returns. p. 23 $ 1100 

Duty of Clerk upon Assessors’ returns.p. 23 $ 1102 

Affidavits to be filed.p. 23 $ 1103 

Registration, when to be canceled.p. 23 $ 1104 

Blank to be left for cancellation.p. 24 $ 1105 

When entry to he canceled.p. 24 $ 1106 

Certificate of Registration.p. 24 $ 1107 

Action for refusal to Register.p. 24 $ 1108 

Proceedings by action to obtain cancellation.p. 24 $ 1109 

Plaintiffs joiued in action.p. 24 $ 1110 

Defendants joined in action.p. 25 $ 1111 

Copy of to be made.p. 25 § 1113 

Names to be arranged in copy alphabetically.p. 25 § 1114 

Copy to be printed.p. 25 $ 1115 

Printed copies to be distributed.p. 25 $ 1116 

Force and effect of printed Copy.p. 64 § 7 

Certified Copy of Entry as evidence.p. 26 § 1117 

Copy returned by Board of Judges to be filed.p. 42 $ 1261 

IDIOT disqualified from voting.p. 21 $ 1084 

Insane person disqualified from voting.p. 21 $ 1084 

INSPECTOR.—Apppointment of.p. 27 $1142 

General powers of.p. 27 $ 1145 

To be sworn.p- 28 $ 1148 











































78 


INDEX. 


INSPECTOR to keep certain papers.p. 42 § 1262 

Unfolding or marking ballots a misdemeanor.p. 58 § 49 

JUDGES OF ELECTION not to be of same political party.p. 27 § 1143 

May be appointed by Inspector.p. 27 § 1145 

May administer oaths. p. 28 § 1146 

To be sworn.p. 28 $ 1147 

JUDGMENT in actions on contest of Elections. p. 69 § 1125 

JUDICIAL ELECTIONS—when to be held. p. 18 § 1042 

Proclamation of.p. 18 § 1053 

LIMITATION of powers of Supervisors. p. 26 § 1130 

MILITIA.—Electors exempt from Militia duty on Election day-.p. 20 § 1070 

MEMBERS OF CONGRESS, Election, when held.p. 50 § 1343 

Returns, how made.p. 51 § 1344 

How transmitted.p. 51 § 1345 

Duty of Secretary of State.p. 51 § 1346 

Certificate to be issued by Governor.p. 51 § 1347 

MISDEMEANOR, defined.p. 54 § 17 

Punishment for.p. 54 § 19 

Refusal to be sworn by or answer questions to Board of 

Judges.p. 56 § 43 

Refusal to obey summons of Board of Registration.p. 56 § 44 

Attempting to vote wilbout being qualified.p. 57 § 46 

Procuring illegal voting.p. 57 § 47 

Inspector unfolding or marking tickets... p. 58 § 49 

Intimidating, corrupting, deceiving or defrauding electors.p. 59 § 53 

Furnishing money for election purposes.p. 59 $ 54 

Unlawful offers to procure offices for electors.p. 60 § 55 

Communicating such offers.p. 60 § 56 

Preventing public meetings.p. 60 § 58 

Disturbing public meetings.p. 60 § 59 

Betting on elections.p. 61 $ 60 

NON-RESIDENCE.—See Residence, Challenge. 

NOTICE, of Primary Election. p. 53 § 1359 

OATH, may be administered by Board of Election. p. 28 § 1146 

By officer of Board .p. 28 §1146 

OFFICERS OF ELECTION, Compensation, how audited.p. 20 §1072 

Violations of election laws by, are felonies.p. 55 § 41 

PAPER—Secretary of State to keep paper for tickets.p. 31 § 1188 

to be furnished on application. p. 31 § 1189 

PARTIES to action against Clerk. p. 24 § 1110 

PENAL CODE— 

Felony and misdemeanor defined. p. 54 § 47 

Punishment of felony.p. 54 § 18 








































INDEX. 79 

PENAL CODE—Punishment of misdemeanor.p. 54 $ 19 

Act, how designated .p. 54 $ 24 

—See Crimes. 

PLACE OF ELECTION, to be designated by Supervisors.p. 26 $ 1131 

If not designated, how appointed.p. 27 $ 1132 

PLURALITY of Votes to Elect Candidate.p. 20 $ 1066 

POLL LISTS, form of.p. 29 § 1174 

Want of form not to vitiate.p. 30 $ 1175 

POLLS, opening aud closing, time of.p. 28 $ 1160 

Recess of Board of Judges.p. 28 § 1161 

Ballot box to be exhibited at. p. 28 $ 1162 

Proclamation at opening of.p. 28 $ 1163 

Proclamation at closing of.p. 28 $ 1164 

PRESIDENTIAL ELECTORS, when chosen.....p. 47 $ 1307 

Returns, how made.p. 48 $ 1308 

How transmitted.p. 48 $1309 

Messenger, when Clerk may employ.p. 48 $ 1310 

Proof of necessity for messenger.p. 48 $ 1311 

Compensation of messenger.p. 48 $ 1312 

Duty of Secretary of State as to returns.p. 48 $ 1313 

Duty of Governor.p. 49 $ 1314 

Meeting of electors.p. 49 $ 1315 

Vacancies, how supplied.p. 49 $ 1316 

Voting by electors and returns.p. 49 $ 1317 

Separate ballots for President and Vice-President.p. 49 $ 1318 

Must make lists of persons voted for.p. 49 $ 1319 

Result to be transmitted to President of U. S. Senate.p. 49 $ 1320 

Compensation of electors.p. 49 $ 1321 

How audited and paid.p. 50 $ 1322 

PRECINCTS, Supervisors to establish.p. 26 $ 1127 

Boundaries to be defined.p. 26 § 1128 

Board may alter.p. 26 § 1129 

Place in, for holding elections. p. 26 $ 1131 

Limitation of powers of Supervisors.p. 26 $ 1130 

PRESIDENTIAL ELECTIONS, when held.p. 47 $1307 

PRIMARY ELECTIONS.—Committees may elect to hold under elec¬ 
tion laws.p. 51 $ 1357 

Resolution of Committee, form of. p. 52 $ 1358 

Notice, form of.p. 53 $ 1359 

Challenges ...p. 53 $ 1360 

None but qualified persons to participate.p. 53 $ 1361 

Returns—how made.p. 53 $ 1362 

Certificates of Election—how issued.p. 53 $ 1363 











































80 


INDEX. 


PRIMARY ELECTIONS—Canvass of returns, and Certificate by 

Committee.p. 53 $ 1364 

What provisions of law applicable to.p. 53 § 1365 

PRIMARY EVIDENCE defined.p. 64 $ 5 

PUBLIC MEETINGS, preventing, a misdemeanor.p. 60 $ 58 

Disturbing, a misdemeanor...p. 60 § 59 

PROCLAMATION by Governor to be made.p. 18 § 1053 

What to contain.p. 19 § 1054 

To be published by Supervisors.p. 19 $ 1055 

Of special elections.p. 19 § 1056 

At opening of polls.p. 29 $ 1163 

At closing of Polls.p. 29 $ 1164 

QUALIFICATION, of voters.p. 21 $ 1038 

Voting without being qualified, a felony.p. 56 § 45 

Attempting to vote without being qualified, a misdemeanor p. 57 $ 46 

RECESS of Board of Judges.p. 28 § 1161 

REGISTRATION—No fees to be charged for.p. 20 § 1071 

Rules governing entry.p. 22 § 1097 

In different counties prohibited.p. 23 § 1104 

Fraudulent, a felony.p. 56 § 42 

REJECTION of tickets folded together.p. 33 § 1200 

Obscurity of name, or office, no ground for.p. 33 $ 1201 

Of vote for designating too many persons.p. 33 § 1202 

Written and printed names.p. 34 $ 1203 

Of marked ballots.p. 34 $ 1206 

Of ballots not conforming to law.p. 34 § 1208 

Indorsement on rejected ballots.p. 34 § 1209 

Of vote for refusal to be sworn.p. 38 § 1230 

REPRESENTATIVES.—See Members of Congress. 

RESIDENCE.—Challenge for non-residence in State. p. 37 § 1232 

For non-residence in precinct.p. 27 § 1233 

Rules for determination of.p. 38 § 1239 

Termination of, how computed.p. 39 § 1240 

Rules must be read if requested. p. 39 § 1241 

RETURNS, List of.p. 42 § 1260 

Certain papers to be sealed up.p. 42 $ 1261 

Inspector to keep certain papers. p. 42 § 1262 

Returns and ballots, to be delivered to whom.p. 42 § 1263 

Must be delivered to County Clerk.p. 42 § 1264 

To be delivered to Supervisors.p. 42 § 1265 

Of election for Governor and Lieutenant-Governor.p. 46 § 1292 

How transmitted. p. 46 § 1293 

Canvass of.p. 47 § 1296 










































INDEX. 


81 

RETURNS—Defects in form of Return, when disregarded .p. 47 § 1299 

Of Presidential Electors, how made.p. 48 $ 1308 

IIow transmitted.p. 48 § 1309 

Messenger.p. 48 § 1310 

Proof necessary to appoint Messenger.p. 48 $ 1311 

Compensation of Messenger.p. 48 $ 1312 

Duty of Secretary of State.p. 48 $ 1313 

Duty of Governor.,.p. 49 $ 1314 

Of vote by Presidential Electors.p. 49 $ 1317 

Result to be transmitted .p. 49 $ 1320 

Of election for Representatives to Congress .p. 51 $ 1344 

How transmitted.p. 51 § 1345 

Duties of Secretary of State.p. 51 § 1346 

Officer altering returns, a felony.p. 57 § 48 

Forging or altering, a felony.p. 58 § 50 

REWARD, offer of, for violation of the Penal Code.p. 19 § 1054 

ROLL OF ELECTORS—What Enrollment must show.p. 23 § 1099 

Return of Assessor to be made monthly.p. 23 $ 1101 

SECRETARY OF STATE to keep paper for tickets.p. 31 § 1188 

Must supply paper on application.p. 31 § 1189 

Disposition of money derived from sale of paper.p. 31 § 1190 

Duty relative to State Election Returns.p. 46 § 1290 

Duty relative to Returns of Presidential Electors .p. 48 $ 1313 

Duty relative to Returns of Representatives.p. 51 § 1346 

SENATORS, Election of, when held for full term.p. 50 $ 1332 

Election to fill vacancies. p. 50 § 1333 

SPECIAL ELECTIONS—When to be held.p. 18 $ 1043 

Proclamation to be published.p. 19 $ 1056 

STATE RETURNS—How made.p. 45 $ 1288 

How transmitted.p. 46 § 1289 

Duty of Secretary of State.p. 46 § 1290 

Commissions to be issued by Governor .p. 46 $ 1291 

SUBPCENAS to be issued in contest of election.p. 68 $ 1120 

SUPERVISORS to publish Governor’s Proclamation.p. 19 $ 1055 

To issue Proclamation of Special Election .p. 19 $ 1056 

To have blanks prepared.p. 20 $ 1073 

To establish precincts.p. 26 $ 1127 

May alter boundaries of precincts.p. 26 § 1129 

Limitation of powers of.p. 26 § 1130 

May designate place of election.p. 26 § 1131 

To meet to canvass returns.p. 44 § 1278 

To enter statement of record.p. 44 $ 1282 

To declare result.p. 45 § 1283 


ELECTION LAWS. 0 













































82 


INDEX. 


TALLIES, how kept.p. 41 

TICKETS AND BALLOTS, ticket defined.p. 31 

Ballot defined.p. 31 

Tickets must be uniform.p. 31 

Paper for, to be kept by Secretary of State.p. 31 

Paper to be supplied on application.p. 31 

Disposition of money from sale of paper.p. 31 

Ballot, form of.p. 32 

Ballots, not to be given within certain limits.p. 32 

Not to be folded within certain limits.p. 32 

Contents not to be exhibited within certain limits.p. 32 

Persons not to be asked to disclose contents.p. 32 

Ballots to have no marks on outside.p. 33 

To have no marks to tell who voted.p. 33 

Tickets, how to be folded.p. 33 

Tickets not to be folded, how.p. 33 

Tickets folded together to be rejected.p. 33 

Ballots not to be rejected for obscurity .p. 33 

Ballots, how far to be rejected.p. 33 

Written and printed names, which rejected.p. 34 

Printed tickets, names, how erased.p. 34 

Two votes for same person counted as one.p. 34 

Marked ballots to be rejected.p. 34 - 

Ballots not conforming to iaw to be rejected.p. 34 

Rejected ballots to be indoi’sed.p. 34 

Rejected ballots to be preserved.p. 35 

Ballots objected to, to be indorsed.p. 35 

Ballots not in compliance, not to be received.p. 35 

Changing ballots by officers, a felony .p. 57 

Inspectors unfolding or marking tickets, a misdemeanor..p. 58 

TIE VOTE, proceedings on .p. 20 

TIME, of opening and closing polls .p. 28 

VOTE, rejected for refusal to be sworn .p. 38 

Rejected for not complying with law.p. 35 

VOTER, qualifications of.p. 21 

VOTING AND CHALLENGES—When to commence and con¬ 
tinue .p. 35 

Manner of Voting.p. 36 

Record that person has voted, how kept. p. 36 

Grounds of Challenge.p. 36 

Proceedings on Challenge for want of Identity .p. 37 

For non-residence in State.p. 37 


$ 1258 
$ 1185 
$ 1186 
$ 1187 
$ 1188 
$ 1189 
$ 1190 
$ 1191 
$ 1192 
$ 1193 
$ 1194 
§ 1195 
$ 1196 
$ 1197 
$ 1198 
$ 1199 
$ 1200 
§ 1201 
$ 1202 
$ 1203 
§ 1204 
§ 1205 
$ 1206 
§ 1207 
§ 1208 
$ 1209 
$ 1210 
$ 1211 
§ 1212 
$ 48 

$ 49 

I 1067 
$ 1068 
§ 1160 

$ 1238 
$ 1212 
$ 1083 

$ 1224 
$ 1225 
§ 1227 
$ 1230 
§ 1231 
$ 1232 










































INDEX. 88 

VOTING AND CHALLENGES—For non-residence in Precinct, p. 37 § 1233 

For having before voted .p. 38 § 1234 

For conviction of felony.p. 38 § 1235 

Challenges, how determined.p. 38 § 1236 

If person refuses to be sworn, vote rejected.p. 38 § 1238 

Rules to determine question of residence.p. 38 § 1239 

Term of Residence, how computed.p. 39 $ 1240 

Rules must be read if requested.p. 39 $ 1241 

Proceedings upon Determination of Challenge .p. 40 § 1242 

List of Challenges to be kept.p. 40 § 1242 

Voting twice a felony.p. 56 $ 45 

Attempting to vote without being qualified, a misdemeanor p. 57 § 46 

Procuring illegal voting a misdemeanor.p. 57 $ 47 

VOTES, plurality of to elect.p. 20 § 1066 

Proceedings on a tie.-...p. 20 $ 1067, 1068 













































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